13-15-301. Administration and enforcement — Powers — Legal counsel — Fees.
Terms Used In Utah Code 13-15-301
- Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-15-102
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :Utah Code 68-3-12.5
- Purchaser: means a person who buys or leases from another person a business opportunity. See Utah Code 13-15-102
| (2) |
The attorney general, upon request, shall give legal advice to, and act as counsel for, the division in the exercise of the division’s responsibilities under this chapter. |
| (3) |
| (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 of competent jurisdiction to enforce a provision of this chapter. |
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| (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. |
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| (4) |
If a court of competent jurisdiction grants judgment or injunctive relief to the division, the court shall award the division:
| (a) |
reasonable attorney fees; |
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| (5) |
| (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 any civil action brought by the attorney general on behalf of the division. |
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| (6) |
All money received for the payment of a fine or civil penalty imposed under this section shall be deposited into the Consumer Protection Education and Training Fund created in Section 13-2-8. |
Renumbered and Amended by Chapter 243, 2022 General Session
