§ 13-54-301 — Enforcement powers.

(1) The division may enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.
(2) (2)(a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:
(2)(a)(i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and
(2)(a)(ii) the division may bring an action in a court of competent jurisdiction to enforce the provisions of this chapter.
(2)(b) In a court action by the division to enforce a provision of this chapter, the court may:
(2)(b)(i) find that an act or practice violates a provision of this chapter; and
(2)(b)(ii) award, for each violation of this chapter:

(2)(b)(ii)(A) actual damages on behalf of each consumer who complained to the division within a reasonable time after the division initiated the court action; and
(2)(b)(ii)(B) a fine of up to $2,500.
(2)(c) For any judgment in favor of the division under this section, the court may award:
(2)(c)(i) costs, including the costs of investigation; and
(2)(c)(ii) reasonable attorney fees.
(3) Each ticket sold or offered for sale while a person is in violation of a provision of this chapter constitutes a separate violation of this chapter.
(4) Nothing in this chapter affects:

(4)(a) a remedy available to a person independent of this chapter; or
(4)(b) the division's ability or authority to enforce any other law.

Legislative History

Enacted by Chapter 115, 2019 General Session