13-26-106. Penalties and enforcement.
(1) In addition to the division's enforcement powers described in Chapter 2, Division of Consumer Protection: the director may impose an administrative fine of up to $2,500 for each violation of this chapter; and the division may bring an action in a court with jurisdiction to enforce a provision of this chapter.
(2) If the division brings an action in accordance with Subsection: (1)(b ) the court may: declare that an act or practice violates a provision of this chapter; issue an injunction for a violation of this chapter; order disgorgement of any money received in violation of this chapter; order payment of disgorged money to an injured purchaser or consumer; impose a fine of up to $2,500 for each violation of this chapter; or award any other relief that the court deems reasonable and necessary; and if the court grants judgment or injunctive relief to the division, the court shall award the division: reasonable attorney fees; court costs; and investigative fees.
(3) A person that 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. A court may impose a civil penalty authorized under this section in a civil action brought by the division.
(4) A seller or solicitor who violates a provision of this chapter is guilty of: a class B misdemeanor for a first violation; if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and if the seller or solicitor has two prior violations of this chapter, a third-degree felony. For the purposes of Subsection (5)(a), a prior violation includes: a final prior conviction; a final determination by a court of competent jurisdiction; or a final determination in an administrative adjudicative proceeding.
(5) For purposes of this section, each telephone solicitation a person makes in violation of this chapter is a separate violation.