13-45-401.  Enforcement — Confidentiality agreement — Penalties.

(1)  The attorney general may enforce the provisions of this chapter.

Terms Used In Utah Code 13-45-401

  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Consumer: means an individual who is not a protected consumer. See Utah Code 13-45-102
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Writing: includes :Utah Code 68-3-12.5
(2)  A person who violates a provision of this chapter is subject to a civil fine of:

(a)  no greater than $2,500 for a violation or series of violations concerning a specific consumer; and

(b)  no greater than $100,000 in the aggregate for related violations concerning more than one consumer, unless:

(i)  the violations concern:

(A)  10,000 or more consumers who are residents of the state; and

(B)  10,000 or more consumers who are residents of other states; or

(ii)  the person agrees to settle for a greater amount.

(3) 

(a)  In addition to the penalties provided in Subsection (2), the attorney general may seek, in an action brought under this chapter:

(i)  injunctive relief to prevent future violations of this chapter; and

(ii)  attorney fees and costs.

(b)  The attorney general shall bring an action under this chapter in:

(i)  the district court located in Salt Lake City; or

(ii)  the district court for the district in which resides a consumer who is the subject of a credit report on which a violation occurs.

(4)  The attorney general shall deposit any amount received under Subsection (2) or (3) into the Attorney General Litigation Fund created in Section 76-10-3114.

(5) 

(a)  If the attorney general has reasonable cause to believe that an individual is in possession, custody, or control of information that is relevant to enforcing this chapter, the attorney general may enter into a confidentiality agreement with the individual.

(b)  In a civil action brought under this chapter, a court may issue a confidentiality order that incorporates the confidentiality agreement described in Subsection (5)(a).

(c)  A confidentiality agreement entered into under Subsection (5)(a) or a confidentiality order issued under Subsection (5)(b) may:

(i)  address a procedure;

(ii)  address testimony taken, a document produced, or material produced under this section;

(iii)  provide whom may access testimony taken, a document produced, or material produced under this section;

(iv)  provide for safeguarding testimony taken, a document produced, or material produced under this section; or

(v)  require that the attorney general:

(A)  return a document or material to an individual; or

(B)  notwithstanding Section 63A-12-105 or a retention schedule created in accordance with Section 63G-2-604, destroy the document or material at a designated time.

(6) 

(a)  Subject to Subsection (6)(c), the attorney general shall keep confidential a procedure agreed to, testimony taken, a document produced, or material produced under this section pursuant to a subpoena, confidentiality agreement, or confidentiality order, unless the individual who agreed to the procedure, provided testimony, or produced the document or material waives confidentiality in writing.

(b)  Subject to Subsections (6)(c) and (6)(d), the attorney general may use, in an enforcement action taken under this section, testimony taken, a document produced, or material produced under this section to the extent the use is not restricted or prohibited by a confidentiality agreement or a confidentiality order.

(c)  The attorney general may use, in an enforcement action taken under this section, testimony taken, a document produced, or material produced under this section that is restricted or prohibited from use by a confidentiality agreement or a confidentiality order if the individual who provided testimony, produced the document, or produced the material waives the restriction or prohibition in writing.

(d)  The attorney general may disclose testimony taken, a document produced, or material produced under this section, without consent of the individual who provided the testimony, produced the document, or produced the material, or without the consent of an individual being investigated, to:

(i)  a grand jury; or

(ii)  a federal or state law enforcement officer, if the person from whom the information was obtained is notified 20 days or greater before the day on which the information is disclosed, and the federal or state law enforcement officer certifies that the federal or state law enforcement officer will:

(A)  maintain the confidentiality of the testimony, document, or material; and

(B)  use the testimony, document, or material solely for an official law enforcement purpose.

(7)  A civil action filed under this chapter shall be commenced no later than five years after the day on which the alleged violation last occurred.

Amended by Chapter 348, 2019 General Session

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