(1) 

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 13-23-7

  • Consumer: means a purchaser of health spa services for consideration. See Utah Code 13-23-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Division: means the Division of Consumer Protection. See Utah Code 13-23-2
  • Person: means :Utah Code 68-3-12.5
(a)  The division may, on behalf of a consumer or on the division’s own behalf, file an action for injunctive relief, damages, or both to enforce this chapter.

(b)  In addition to any relief granted, the division is entitled to an award for reasonable attorney’s fees, court costs, and reasonable investigative expenses.

(2) 

(a)  A person who willfully violates a provision of this chapter, either by failing to comply with any requirement or by doing any act prohibited in this chapter, is guilty of a class B misdemeanor.

(b)  Each day a violation described in Subsection (2)(a) is committed or permitted to continue constitutes a separate punishable offense.

(c)  In the case of a second offense, the person is guilty of a class A misdemeanor.

(d)  In the case of a third or subsequent offense, the person is guilty of a third degree felony.

(3) 

(a)  In addition to any other penalty available under this chapter, a person who violates this chapter is subject to:

(i)  a cease and desist order; and

(ii)  an administrative fine of up to $2,500 for each separate violation that is not a violation described in Subsection 13-23-5(2)(d) up to $10,000 for any series of violations arising out of the same operative facts.

(b)  The division shall deposit all administrative fines collected under this chapter into the Consumer Protection Education and Training Fund created in Section 13-2-8.

Amended by Chapter 266, 2021 General Session

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