2006 Utah Code - 13-16-7 — Investigations and civil actions authorized -- Expenses -- Jurisdiction and venue.

     13-16-7.   Investigations and civil actions authorized -- Expenses -- Jurisdiction and venue.
     (1) (a) The attorney general may conduct investigations of violations of this chapter and may 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 this chapter and the applicable provision of law and that any information provided in response to the demand may be used in a civil proceeding. If the attorney general has reason to believe that a person has engaged in acts or practices that violate Section 13-16-4, the attorney general may commence a civil action to enjoin the acts or practices, seek civil penalties as provided in Subsection (1)(b), and upon a proper showing, a temporary restraining order, preliminary injunction, 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 violation occurred.
     (2) (a) Any person injured as a result of an act or practice that violates Section 13-16-4 may 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 the alleged violation occurred.
     (3) The court, in making an award under Subsection (1) or (2), may award court costs and a reasonable attorney's fee to the prevailing party, except that the court may not award attorney's fees or court costs against the state, a state agency, or a political subdivision of the state.
     (4) If the state, a state agency, or a political subdivision of the state prevails in an action under this chapter, it is entitled to an award for reasonable investigative expenses in addition to any other relief granted.
     (5) (a) The district courts of this state may hear and determine all cases brought under this section.
     (b) Venue lies in any county where the defendant is doing business or in the county where the plaintiff resides.

Amended by Chapter 283, 2001 General Session