{"data":{"id":"us-ut/utah-code-13-26-106","jurisdiction":"us-ut","citation":"Utah Code § 13-26-106","heading":"Penalties and enforcement.","body":"(1) In addition to the division's enforcement powers described in Chapter 2, Division of Consumer Protection:\n(a) the director may impose an administrative fine of up to $2,500 for each violation of this chapter; and\n(b) the division may bring an action in a court with jurisdiction to enforce a provision of this chapter.\n(2) If the division brings an action in accordance with Subsection (1)(b):\n(a) the court may:\n(i) declare that an act or practice violates a provision of this chapter;\n(ii) issue an injunction for a violation of this chapter;\n(iii) order disgorgement of any money received in violation of this chapter;\n(iv) order payment of disgorged money to an injured purchaser or consumer;\n(v) impose a fine of up to $2,500 for each violation of this chapter; or\n(vi) award any other relief that the court deems reasonable and necessary; and\n(b) if the court grants judgment or injunctive relief to the division, the court shall award the division:\n(i) reasonable attorney fees;\n(ii) court costs; and\n(iii) investigative fees.\n(3)\n(a) A person that 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.\n(b) A court may impose a civil penalty authorized under this section in a civil action brought by the division.\n(4)\n(a) A seller or solicitor who violates a provision of this chapter is guilty of:\n(i) a class B misdemeanor for a first violation;\n(ii) if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and\n(iii) if the seller or solicitor has two prior violations of this chapter, a third-degree felony.\n(b) For the purposes of Subsection (5)(a), a prior violation includes:\n(i) a final prior conviction;\n(ii) a final determination by a court of competent jurisdiction; or\n(iii) a final determination in an administrative adjudicative proceeding.\n(5) For purposes of this section, each telephone solicitation a person makes in violation of this chapter is a separate violation.","path":["Title 13 Commerce and Trade","Chapter 13-26 Telephone Fraud Prevention Act","Part 13-26-1 General Provisions"],"source_url":"https://le.utah.gov/xcode/Title13/Chapter26/13-26-S106.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"0e992a51f6d3e9b8b93c3d2b1d2ca409875386bcb2257c3f3deb86106677c093","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-13-26-105","next":"us-ut/utah-code-13-26-107"},"notice":"GroundRules: Original legal text. Not legal advice."}