Utah Code 13-74-301. Enforcement powers of the attorney general
Current as of: 2024 | Check for updates
|
Other versions
(1)
Terms Used In Utah Code 13-74-301
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(1)(a) The attorney general has the sole authority to enforce the provisions of this chapter.(1)(b) Nothing in this chapter creates a private right of action.
(2)
(2)(a) If a person believes that a financial entity violated or is in violation of this chapter, the person may file a complaint with the attorney general.
(2)(b) Upon receipt of a complaint, the attorney general shall initiate an investigation.
(3) If, based on investigation, the attorney general believes that a financial entity violated or is in violation of this chapter, the attorney general shall send the financial entity written notice that identifies each violation and directs the financial entity to cease each violation within 30 days after the day on which the financial entity receives the notice.
(4)
(4)(a) The attorney general shall initiate a civil action against a financial entity that fails to cease a violation of this chapter within the 30-day time period described in Subsection (3).
(4)(b) In an action under this subsection, the attorney general may seek, and the court may order:
(4)(b)(i) injunctive relief;
(4)(b)(ii)
(4)(b)(ii)(A) if the court determines that the financial entity recklessly violated a provision of this chapter, a civil fine of $10,000 for each violation or actual damages, whichever is greater; or
(4)(b)(ii)(B) if the court determines that the financial entity willfully violated a provision of this chapter, a civil fine of $25,000 for each violation or actual damages, whichever is greater; and
(4)(b)(iii) costs and reasonable attorney fees to the attorney general if the court issues an injunction or imposes a civil fine.