Enforcement

Utah Code tit. 13, ch. 13-15, pt. 13-15-P3

in effect

Utah Code § 13-15-301 Administration and enforcement -- Powers -- Legal counsel -- Fees.

13-15-301. Administration and enforcement -- Powers -- Legal counsel -- Fees. (1) The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection. (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 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. (3) 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. (4) (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 division. Amended by Chapter 95, 2026 General Session

Utah Code § 13-15-302 Private right of action.

13-15-302. Private right of action. (1) A purchaser may bring an action in a court of competent jurisdiction against a seller who does not comply with this chapter. (2) If a court of competent jurisdiction finds that a seller violated this chapter, a purchaser who brings an action under Subsection (1) is entitled to: (a) rescission of the contract; (b) an award of reasonable attorney fees and costs of court in an action to enforce the right of rescission; and (c) an amount equal to the greater of: (i) actual damages; or (ii) $2,000. Renumbered and Amended by Chapter 243, 2022 General Session

Utah Code § 13-15-303 Denial, suspension, or revocation of proof of disclosure receipt or proof of notice receipt.

13-15-303. Denial, suspension, or revocation of proof of disclosure receipt or proof of notice receipt. In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke, a proof of disclosure receipt or proof of notice receipt if: (1) the division finds that the denial, suspension, or revocation is in the public interest; and (2) (a) the filing is incomplete, false, or misleading; or (b) the seller or seller's principal: (i) violates, causes a violation, or allows a violation or fails to satisfy the requirements of a provision of: (A) this chapter; or (B) a rule the division makes in accordance with this chapter; (ii) violates Chapter 11, Utah Consumer Sales Practices Act; (iii) is enjoined by a court, or is the subject of an administrative or judicial order issued in Utah or another state, if the order: (A) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or (B) is based on a finding of a lack of integrity, truthfulness, or mental competence; (iv) is convicted of a crime involving theft, fraud, or dishonesty; (v) obtains or attempts to obtain a proof of disclosure receipt or proof of notice receipt by misrepresenting a material fact; (vi) fails to provide information the division requests; (vii) fails to pay an administrative fine imposed by the division or an administrative or judicial order; or (viii) fails to pay the fee to file a registration application or a renewal application. Enacted by Chapter 95, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title13/Chapter15/13-15-P3.html?v=C13-15-P3_2022050420220504Fetched: 10/26/2026