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2022 Utah Code
Title 13 - Commerce and Trade
Chapter 26 - Telephone Fraud Prevention Act
Section 8 - Penalties.
Universal Citation: UT Code § 13-26-8 (2022)
Effective 5/4/2022
13-26-8. Penalties.
Amended by Chapter 324, 2022 General Session
13-26-8. Penalties.
- (1)
- (a) A seller or solicitor who violates a provision of this chapter is guilty of:
- (i) a class B misdemeanor for a first violation;
- (ii) if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and
- (iii) if the seller or solicitor has two prior violations of this chapter, a third-degree felony.
- (b) For the purposes of Subsection (1)(a), a prior violation includes:
- (i) a final prior conviction;
- (ii) a final determination by a court of competent jurisdiction; or
- (iii) a final determination in an administrative adjudicative proceeding.
- (a) A seller or solicitor who violates a provision of this chapter is guilty of:
- (2) A person who violates a provision of this chapter is subject to a civil penalty in a court of competent jurisdiction of up to $2,500 for each violation of this chapter.
- (3)
- (a) The division may:
- (i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act, conduct an administrative proceeding to enforce the provisions of this chapter;
- (ii) bring a court action to enforce the provisions of this chapter; and
- (iii) in addition to other penalties described in this chapter, issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter.
- (b) For purposes of this section, each telephone solicitation made in violation of this chapter is a separate violation.
- (a) The division may:
- (4) The division shall deposit all administrative fines and civil penalties collected under this chapter into the Consumer Protection Education and Training Fund created in Section 13-2-8.
Amended by Chapter 324, 2022 General Session
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