78B-3-1004. Enforcement powers of the division.

377 words·~2 min read·/ut/title-78b/chapter-3/78b-3-1004

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

Effective 5/6/2026

(1)The division shall administer and enforce the provisions of this chapter, in accordance with Title 13, Chapter 2, Division of Consumer Protection.

(2)The division may coordinate with the Office of the Attorney General and the Internet Crimes Against Children Task Force in conducting investigations under this section.

(a)In addition to the division's enforcement powers under Title 13, 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 court 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 the act or practice violates a provision of this chapter;

(ii)enjoin actions that violate 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 civil penalty of up to $2,500 for each violation of this chapter;

(vi)award actual damages to an injured purchaser or consumer; and

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

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

(i)reasonable attorney fees;

(ii)court costs; and

(iii)investigative fees.

(a)A person who 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)A civil penalty authorized under this section may be imposed in a civil action.

(5)Money received for the payment of a fine or civil penalty imposed under this section shall be deposited into the Minor Online Safety Restricted Account created in Section 78B-3-1007 .

(6)Nothing in this chapter shall displace any other available remedies or rights authorized under the laws of this state or the United States.

(7)The division shall notify the commission in writing of any commercial entity that the division determines is required to perform age verification under Section 78B-3-1002 .

Enacted by Chapter 220 , 2026 General Session