70A-2-807. Consumer may not waive rights under chapter -- Enforcement -- Remedies not exclusive.
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Effective 7/1/2024
70A-2-807. Consumer may not waive rights under chapter -- Enforcement -- Remedies not exclusive.
(1)Any waiver by a consumer of rights under this chapter is void.
(a)A consumer may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce the consumer's rights under this chapter.
(b)The court shall award a consumer who prevails in an action under this chapter twice the amount of any pecuniary loss, together with costs, disbursements, reasonable attorney's fees, and any equitable relief that the court determines is appropriate.
(a)The attorney general may file an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce this chapter on behalf of any consumer or in its own behalf.
(b)In addition to the other remedies provided in this chapter, the attorney general is also entitled to an award for reasonable attorney's fees, court costs, and investigative expenses.
(4)This chapter shall not be construed as imposing any liability on an authorized dealer or lessor or as creating a cause of action by a consumer against a dealer or lessor, except regarding any express warranties made by the dealer or lessor apart from the manufacturer's warranties.
(5)Nothing in this chapter shall limit or impair the rights or remedies which are otherwise available to a consumer under any other provision of law.
Amended by Chapter 158 , 2024 General Session