§ 13-64-301 — Administration and enforcement -- Division powers -- Fees -- Rulemaking.

(1) The division shall administer and enforce this chapter in accordance with Chapter 2, Division of Consumer Protection.
(2) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:

(2)(a) the division director may impose an administrative fine of up to $2,500 for each act that is in violation of this chapter, including failure to insure or consider a vehicle value protection agreement as required under Subsection 13-64-202(1); and
(2)(b) the division may bring a civil action to enforce this chapter.
(3) In a civil action by the division to enforce this chapter, the court may:

(3)(a) declare that an act or practice violates this chapter;
(3)(b) issue an injunction for a violation of this chapter;
(3)(c) order disgorgement of any money received after a violation of this chapter;
(3)(d) order payment of disgorged money to an injured individual;
(3)(e) impose a civil penalty of up to $2,500 for each violation of this chapter; or
(3)(f) award any other relief that the court deems reasonable and necessary.
(4) If a court grants judgment or injunctive relief to the division, the court shall award the division:

(4)(a) reasonable attorney fees;
(4)(b) court costs; and
(4)(c) investigative fees.
(5) (5)(a) A person who 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.
(5)(b) A civil penalty authorized under this section may be imposed in any civil action brought by the division.
(5)(c) The division shall deposit money received for the payment of a fine or civil penalty under this section into the Consumer Protection Education and Training Fund created in Section 13-2-8.
(6) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer and enforce this chapter.

Legislative History

Enacted by Chapter 509, 2023 General Session