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Utah Code
2025 Utah Code
Title 13 - Commerce and Trade
Chapter 78 - Earned Wage Access Services Act
Section 104 - Penalties and enforcement -- Powers -- Legal counsel -- Fees.
Universal Citation:
UT Code § 13-78-104 (2025)
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Effective 5/7/2025
13-78-104. Penalties and enforcement -- Powers -- Legal counsel -- Fees.
Enacted by Chapter 237, 2025 General Session
Technically renumbered to avoid duplication of newly enacted code also in HB0217, Chapter 226, also in HB0279, Chapter 237.also in SB0226, Chapter 465, also in HB0279, Chapter 237.also in SB0226, Chapter 465, also in HB0217, Chapter 226.
13-78-104. Penalties and enforcement -- Powers -- Legal counsel -- Fees.
- (1)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.
- (2)
- (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 court 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:
- (3)If a court 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.
- (4)
- (a)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.
- (b)The court may impose a civil penalty authorized under this section in any civil action brought by the attorney general on behalf of the division.
- (5)The division shall deposit money received for the payment of a fine or civil penalty imposed under this section into the Consumer Protection Education and Training Fund created in Section 13-2-8.
Enacted by Chapter 237, 2025 General Session
Technically renumbered to avoid duplication of newly enacted code also in HB0217, Chapter 226, also in HB0279, Chapter 237.also in SB0226, Chapter 465, also in HB0279, Chapter 237.also in SB0226, Chapter 465, also in HB0217, Chapter 226.
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