13-44-301 - Enforcement.
13-44-301. Enforcement.
(1) The attorney general may enforce this chapter's provisions.
(2) (a) Nothing in this chapter creates a private right of action.
(b) Nothing in this chapter affects any private right of action existing under other law,including contract or tort.
(3) A person who violates this chapter's provisions is subject to a civil fine of:
(a) no greater than $2,500 for a violation or series of violations concerning a specificconsumer; and
(b) no greater than $100,000 in the aggregate for related violations concerning more thanone consumer.
(4) In addition to the penalties provided in Subsection (3), the attorney general may seekinjunctive relief to prevent future violations of this chapter in:
(a) the district court located in Salt Lake City; or
(b) the district court for the district in which resides a consumer who is affected by theviolation.
(5) In enforcing this chapter, the attorney general may:
(a) investigate the actions of any person alleged to violate Section 13-44-201 or13-44-202;
(b) subpoena a witness;
(c) subpoena a document or other evidence;
(d) require the production of books, papers, contracts, records, or other informationrelevant to an investigation; and
(e) conduct an adjudication in accordance with Title 63G, Chapter 4, AdministrativeProcedures Act, to enforce a civil provision under this chapter.
(6) A subpoena issued under Subsection (5) may be served by certified mail.
(7) A person's failure to respond to a request or subpoena from the attorney general underSubsection (5)(b), (c), or (d) is a violation of this chapter.
(8) (a) The attorney general may inspect and copy all records related to the businessconducted by the person alleged to have violated this chapter, including records located outsidethe state.
(b) For records located outside of the state, the person who is found to have violated thischapter shall pay the attorney general's expenses to inspect the records, including travel costs.
(c) Upon notification from the attorney general of the attorney general's intent to inspectrecords located outside of the state, the person who is found to have violated this chapter shallpay the attorney general $500, or a higher amount if $500 is estimated to be insufficient, to coverthe attorney general's expenses to inspect the records.
(d) The attorney general shall deposit any amounts received under this Subsection (8) inthe Attorney General Litigation Fund established in Section 76-10-922.
(e) To the extent an amount paid to the attorney general by a person who is found to haveviolated this chapter is not expended by the attorney general, the amount shall be refunded to theperson who is found to have violated this chapter.
(f) The Division of Corporations and Commercial Code or any other relevant entity shallrevoke any authorization to do business in this state of a person who fails to pay any amountrequired under this Subsection (8).
Amended by Chapter 29, 2008 General Session