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

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

2. (2) If the division brings an action in accordance with Subsection (1)(b):

   1. (a) the court may:

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

   2. (b) if the court grants judgment or injunctive relief to the division, the court shall award the division:

      1. (i) reasonable attorney fees;
      2. (ii) court costs; and
      3. (iii) investigative fees.

3. (3)

   1. (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.
   2. (b) A court may impose a civil penalty authorized under this section in a civil action brought by the division.

4. (4)

   1. (a) A seller or solicitor who violates a provision of this chapter is guilty of:

      1. (i) a class B misdemeanor for a first violation;
      2. (ii) if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and
      3. (iii) if the seller or solicitor has two prior violations of this chapter, a third-degree felony.

   2. (b) For the purposes of Subsection (5)(a), a prior violation includes:

      1. (i) a final prior conviction;
      2. (ii) a final determination by a court of competent jurisdiction; or
      3. (iii) a final determination in an administrative adjudicative proceeding.
5. (5) For purposes of this section, each telephone solicitation a person makes in violation of this chapter is a separate violation.

Renumbered and Amended by Chapter 95, 2026 General Session