13-16-7 - Investigations and civil actions authorized -- Expenses -- Jurisdiction and venue.
13-16-7. Investigations and civil actions authorized -- Expenses -- Jurisdiction andvenue.
(1) (a) The attorney general may conduct investigations of violations of this chapter andmay issue civil investigative demands as provided in Subsections 76-10-917(1) through (7), and(9), stating the nature of the activities under investigation constituting the alleged violation of thischapter and the applicable provision of law and that any information provided in response to thedemand may be used in a civil proceeding. If the attorney general has reason to believe that aperson has engaged in acts or practices that violate Section 13-16-4, the attorney general maycommence a civil action to enjoin the acts or practices, seek civil penalties as provided inSubsection (1)(b), and upon a proper showing, a temporary restraining order, preliminaryinjunction, or permanent injunction shall issue without the necessity of a bond.
(b) Any person who violates Section 13-16-4 is liable to the state for a civil penalty,assessed by a court, not to exceed $5,000 per day for each business location where a violationoccurred.
(2) (a) Any person injured as a result of an act or practice that violates Section 13-16-4may bring a civil action for appropriate relief, including an action for a declaratory judgment,injunctive relief, a treble award of actual damages, and exemplary damages.
(b) Any action under this Subsection (2) shall be brought within two years after thealleged violation occurred.
(3) The court, in making an award under Subsection (1) or (2), may award court costsand a reasonable attorney's fee to the prevailing party, except that the court may not awardattorney's fees or court costs against the state, a state agency, or a political subdivision of thestate.
(4) If the state, a state agency, or a political subdivision of the state prevails in an actionunder this chapter, it is entitled to an award for reasonable investigative expenses in addition toany other relief granted.
(5) (a) The district courts of this state may hear and determine all cases brought under thissection.
(b) Venue lies in any county where the defendant is doing business or in the county wherethe plaintiff resides.
Amended by Chapter 283, 2001 General Session