§ 13-68-402 — Violations -- Actions by division.

(1) The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.
(2) The attorney general, upon request, shall give legal advice to, and act as counsel for, the division in the exercise of the division's responsibilities under this chapter.
(3) (3)(a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:
(3)(a)(i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and
(3)(a)(ii) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter.
(3)(b) In a court action by the division to enforce a provision of this chapter, the court may:
(3)(b)(i) declare that an act or practice violates a provision of this chapter;
(3)(b)(ii) issue an injunction for a violation of this chapter;
(3)(b)(iii) order disgorgement of any money received in violation of this chapter;
(3)(b)(iv) order payment of disgorged money to an injured purchaser or consumer;
(3)(b)(v) impose a fine of up to $2,500 for each violation of this chapter; or
(3)(b)(vi) award any other relief that the court deems reasonable and necessary.
(4) If a court of competent jurisdiction 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 attorney general on behalf of the division.
(5)(c) All money received for the payment of a fine or civil penalty imposed under this section shall be deposited into the Consumer Protection Education and Training Fund created in Section 13-2-8.
(6) (6)(a) A person who intentionally violates this chapter:
(6)(a)(i) is guilty of a class A misdemeanor; and
(6)(a)(ii) may be fined up to $10,000.
(6)(b) A person intentionally violates this part if the violation occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that the person is in violation of this chapter.

Legislative History

Enacted by Chapter 536, 2023 General Session