(1)
(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 with 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.
(2) 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.
(3)
- (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 division.
Amended by Chapter 95, 2026 General Session