1. (1) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection, the division may:

   1. (a) impose an administrative fine of up to $2,500 for a violation of this chapter; and
   2. (b) bring an action in a court with jurisdiction to enforce a provision of this chapter.

2. (2) In an action described in Subsection (1)(b), the court may:

   1. (a) declare that an act or practice violates a provision of this chapter;
   2. (b) issue an injunction for a violation of this chapter;
   3. (c) order disgorgement of any money received in violation of this chapter;
   4. (d) order payment of disgorged money to an injured purchaser or consumer;
   5. (e) impose a fine of up to $2,500 for a violation of this chapter; and
   6. (f) award any other relief that the court deems reasonable and necessary.

3. (3)

   1. (a) A person who willfully violates a provision of this chapter, either by failing to comply with any requirement or by doing any act prohibited in this chapter, is guilty of a class B misdemeanor.
   2. (b) Each day a person commits or permits to continue a violation described in Subsection (3)(a) constitutes a separate punishable offense.
   3. (c) In the case of a second offense, the person is guilty of a class A misdemeanor.
   4. (d) In the case of a third or subsequent offense, the person is guilty of a third degree felony.

Renumbered and Amended by Chapter 95, 2026 General Session