Utah § 13-26-8 Penalties.

Utah Statutes

§ 13-26-8 — Penalties.

Utah·Title 13 Commerce and Trade·Ch. 13-26 Telephone Fraud Prevention Act

(1)(1)(a) A seller or solicitor who violates a provision of this chapter is guilty of:

(1)(a)(i) a class B misdemeanor for a first violation;

(1)(a)(ii) if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and

(1)(a)(iii) if the seller or solicitor has two prior violations of this chapter, a third-degree felony.

(1)(b) For the purposes of Subsection (1)(a), a prior violation includes:

(1)(b)(i) a final prior conviction;

(1)(b)(ii) a final determination by a court of competent jurisdiction; or

(1)(b)(iii) a final determination in an administrative adjudicative proceeding.

(2)A person who violates a provision of this chapter is subject to a civil penalty in a court of competent jurisdiction of up to $2,500 for each violation of this chapter.

(3)(3)(a)

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(1) (1)(a) A seller or solicitor who violates a provision of this chapter is guilty of:
(1)(a)(i) a class B misdemeanor for a first violation;
(1)(a)(ii) if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and
(1)(a)(iii) if the seller or solicitor has two prior violations of this chapter, a third-degree felony.
(1)(b) For the purposes of Subsection (1)(a), a prior violation includes:
(1)(b)(i) a final prior conviction;
(1)(b)(ii) a final determination by a court of competent jurisdiction; or
(1)(b)(iii) a final determination in an administrative adjudicative proceeding.
(2) A person who violates a provision of this chapter is subject to a civil penalty in a court of competent jurisdiction of up to $2,500 for each violation of this chapter.
(3) (3)(a) The division may:
(3)(a)(i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act, conduct an administrative proceeding to enforce the provisions of this chapter;
(3)(a)(ii) bring a court action to enforce the provisions of this chapter; and
(3)(a)(iii) in addition to other penalties described in this chapter, issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter.
(3)(b) For purposes of this section, each telephone solicitation made in violation of this chapter is a separate violation.
(4) The division shall deposit all administrative fines and civil penalties collected under this chapter into the Consumer Protection Education and Training Fund created in Section 13-2-8.

Utah § 13-26-8 (Penalties.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.