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Utah Code
2025 Utah Code
Title 13 - Commerce and Trade
Chapter 65 - Utah Commercial Email Act
Part 2 - Restrictions on Commercial Email
Section 203 - Enforcement.
Universal Citation:
UT Code § 13-65-203 (2025)
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Effective 5/3/2023
13-65-203. Enforcement.
Enacted by Chapter 377, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in SB 152, Chapter 498, SB 216, Chapter 509, and SB 274, Chapter 536.
13-65-203. Enforcement.
- (1) The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.
- (2) The attorney general, upon request, shall give legal advice to, and act as counsel for, the division in the exercise of the division's responsibilities under this chapter.
- (3)
- (a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:
- (i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and
- (ii) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter.
- (b) In a court action by the division to enforce a provision of this chapter, the court may:
- (i) declare that an act or practice violates a provision of this chapter;
- (ii) issue an injunction for a violation of this chapter;
- (iii) order disgorgement of any money received in violation of this chapter;
- (iv) order payment of disgorged money to an injured purchaser or consumer;
- (v) impose a fine of up to $2,500 for each violation of this chapter; or
- (vi) award any other relief that the court deems reasonable and necessary.
- (a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:
- (4) If a court of competent jurisdiction grants judgment or injunctive relief to the division, the court shall award the division:
- (a) reasonable attorney fees;
- (b) court costs; and
- (c) investigative fees.
- (5)
- (a) A person who 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.
- (b) A civil penalty authorized under this section may be imposed in any civil action brought by the attorney general on behalf of the division.
- (6) All money received for the payment of a fine or civil penalty imposed under this section shall be deposited into the Consumer Protection Education and Training Fund created in Section 13-2-8.
Enacted by Chapter 377, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in SB 152, Chapter 498, SB 216, Chapter 509, and SB 274, Chapter 536.
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