Buyer: means an individual who is solicited to purchase or who purchases the services of a credit services organization. See Utah Code 13-21-2
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Credit services organization: means a person who represents that the person or an employee is a debt professional or credit counselor, or, with respect to the extension of credit by others, sells, provides, or performs, or represents that the person can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:
(i)
improving a buyer's credit record, history, or rating;
(ii)
providing advice, assistance, instruction, or instructional materials to a buyer with regard to Subsection (3)(a)(i); or
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.
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(a)
Any waiver by a buyer of any part of this chapter is void.
(b)
Any attempt by a credit services organization to have a buyer waive rights given by this chapter is a violation of this chapter.
(2)
In any proceeding involving this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming the exemption or exception.
(3)
(a)
Any person who violates this chapter is guilty of a class A misdemeanor.
(b)
Any district court of this state has jurisdiction to restrain and enjoin the violation of this chapter.
(4)
The attorney general, any county attorney, any district attorney, or any city attorney may prosecute misdemeanor actions or institute injunctive or civil proceedings, or both, under this chapter.
(5)
The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.
(6)
(a)
In addition to other penalties under this section, the division director may issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter.
(b)
All money received through administrative fines imposed under this section shall be deposited in the Consumer Protection Education and Training Fund created by Section 13-2-8.