Enforcement -- Costs and attorney's fees -- Penalties.

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  • (1)
    • (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.




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