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2025 Utah Code
Title 13 - Commerce and Trade
Chapter 11a - Truth in Advertising
Section 4 - Injunctive relief -- Damages -- Attorney fees -- Corrective advertising -- Notification required.
Universal Citation:
UT Code § 13-11a-4 (2025)
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Effective 7/1/2024
13-11a-4. Injunctive relief -- Damages -- Attorney fees -- Corrective advertising -- Notification required.
Amended by Chapter 158, 2024 General Session
13-11a-4. Injunctive relief -- Damages -- Attorney fees -- Corrective advertising -- Notification required.
- (1)
- (a)
- (i)Any person or the state may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enjoin a continuance of any act in violation of this chapter and, if injured by the act, for the recovery of damages.
- (ii) If, in such action, the court finds that the defendant is violating or has violated any of the provisions of this chapter, it shall enjoin the defendant from continuance of the violation.
- (iii)It is not necessary that actual damages be proven.
- (b)In addition to injunctive relief, the plaintiff is entitled to recover from the defendant the amount of actual damages sustained or $2,000, whichever is greater.
- (c)
- (i)Costs shall be allowed to the prevailing party unless the court otherwise directs.
- (ii)The court shall award attorney fees to the prevailing party.
- (a)
- (2)The court may order the defendant to promulgate corrective advertising by the same media and with the same distribution and frequency as the advertising found to violate this chapter.
- (3)The remedies of this section are in addition to remedies otherwise available for the same conduct under state or local law.
- (4)
- (a)No action for injunctive relief may be brought for a violation of this chapter unless the complaining person first gives notice of the alleged violation to the prospective defendant and provides the prospective defendant an opportunity to promulgate a correction notice by the same media as the allegedly violating advertisement.
- (b)If the prospective defendant does not promulgate a correction notice within 10 days of receipt of the notice, the complaining person may file a lawsuit under this chapter.
Amended by Chapter 158, 2024 General Session
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