13-78-104. Penalties and enforcement -- Powers -- Legal counsel -- Fees.

249 words·~1 min read·/ut/title-13/chapter-78/13-78-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:

(i)the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and

(ii)the division may bring an action in a court with jurisdiction to enforce a provision of this chapter.

(b)In a court action by the division to enforce a provision of this chapter, the court may:

(i)declare that an act or practice violates a provision of this chapter;

(ii)issue an injunction for a violation of this chapter;

(iii)order disgorgement of any money received in violation of this chapter;

(iv)order payment of disgorged money to an injured purchaser or consumer;

(v)impose a fine of up to $2,500 for each violation of this chapter; or

(vi)award any other relief that the court deems reasonable and necessary.

(2)If a court grants judgment or injunctive relief to the division, the court shall award the division:

(a)reasonable attorney fees;

(b)court costs; and

(c)investigative fees.

(a)A person that violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation.

(b)The court may impose a civil penalty authorized under this section in any civil action brought by the division.

Amended by Chapter 95 , 2026 General Session