13-26-8 - Penalties.
13-26-8. Penalties.
(1) (a) Any telephone soliciting business or any person associated with a telephonesoliciting business, including solicitors, salespersons, agents, representatives of a solicitor, orindependent contractor, who violates this chapter as a first offense is guilty of a class Bmisdemeanor.
(b) In the case of a second offense, the person is guilty of a class A misdemeanor.
(c) In the case of three or more offenses, the person is guilty of a third degree felony.
(d) In addition to other penalties under this Subsection (1), the division director mayissue a cease and desist order and impose an administrative fine of up to $2,500 for eachviolation of this chapter. All money received through administrative fines imposed under thissection shall be deposited in the Consumer Protection Education and Training Fund created bySection 13-2-8.
(2) Any telephone soliciting business or any person associated with a telephone solicitingbusiness, including solicitors, salespersons, agents, representatives of a solicitor, or independentcontractors, who violates any provision of this chapter shall be subject to a civil penalty in a courtof competent jurisdiction not exceeding $2,500 for each unlawful transaction.
Amended by Chapter 18, 2005 General Session