Vehicle value protection agreement: includes :| (i) | a vehicle trade-in agreement; |
| (ii) | a vehicle diminished value agreement; |
| (iii) | a vehicle cash down payment protection agreement; and |
| (iv) | a vehicle depreciation benefit agreement. See Utah Code 13-64-101 |
| (2) |
In addition to the division’s enforcement powers under Chapter 2, Division of Consumer Protection:
| (a) |
the division director may impose an administrative fine of up to $2,500 for each act that is in violation of this chapter, including failure to insure or consider a vehicle value protection agreement as required under Subsection 13-64-202(1); and |
| (b) |
the division may bring a civil action to enforce this chapter. |
|
| (3) |
In a civil action by the division to enforce this chapter, the court may:
| (a) |
declare that an act or practice violates this chapter; |
| (b) |
issue an injunction for a violation of this chapter; |
| (c) |
order disgorgement of any money received after a violation of this chapter; |
| (d) |
order payment of disgorged money to an injured individual; |
| (e) |
impose a civil penalty of up to $2,500 for each violation of this chapter; or |
| (f) |
award any other relief that the court deems reasonable and necessary. |
|
| (4) |
If a court grants judgment or injunctive relief to the division, the court shall award the division:
| (a) |
reasonable attorney fees; |
|
| (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 division. |
| (c) |
The division shall deposit money received for the payment of a fine or civil penalty under this section into the Consumer Protection Education and Training Fund created in Section 13-2-8. |
|
Enacted by Chapter 509, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 311, Chapter 477, SB 152, Chapter 498, and SB 274, Chapter 536.
