13-54-301.  Enforcement powers.

(1)  The division may enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.

Terms Used In Utah Code 13-54-301

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
(2) 

(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 the provisions of this chapter.

(b)  In a court action by the division to enforce a provision of this chapter, the court may:

(i)  find that an act or practice violates a provision of this chapter; and

(ii)  award, for each violation of this chapter:

(A)  actual damages on behalf of each consumer who complained to the division within a reasonable time after the division initiated the court action; and

(B)  a fine of up to $2,500.

(c)  For any judgment in favor of the division under this section, the court may award:

(i)  costs, including the costs of investigation; and

(ii)  reasonable attorney fees.

(3)  Each ticket sold or offered for sale while a person is in violation of a provision of this chapter constitutes a separate violation of this chapter.

(4)  Nothing in this chapter affects:

(a)  a remedy available to a person independent of this chapter; or

(b)  the division’s ability or authority to enforce any other law.

Enacted by Chapter 115, 2019 General Session