Prohibited Acts and Penalties

Utah Code tit. 13, ch. 13-49, pt. 13-49-P4

in effect

Utah Code § 13-49-401 Unlawful acts.

13-49-401. Unlawful acts. (1) It is unlawful for an immigration consultant to: (a) make a false or misleading statement to a client while providing a service to the client; (b) make a guarantee or promise to a client, unless the guarantee or promise is in writing and the immigration consultant has some basis in fact for making the guarantee or promise; (c) make a statement that the immigration consultant can or will obtain a special favor from or has special influence with the United States Citizenship and Immigration Services, or any other governmental agency, employee, or official, that may have a bearing on a client's immigration matter; (d) charge a client a fee for the referral of the client to another person for services that the immigration consultant cannot or will not provide to the client; (e) represent that the division or the state endorses the immigration consultant; (f) omit from a filing with the division a material statement of fact this chapter or a rule the division makes in accordance with this chapter requires; or (g) include in a filing with the division a material statement of fact that the immigration consultant or immigration consultant's principal knows or should know is false, deceptive, inaccurate, or misleading. (2) An immigration consultant may not translate a document or other information in a way that falsely represents or implies that the immigration consultant is an attorney. Amended by Chapter 95, 2026 General Session

Utah Code § 13-49-402 Violations -- Actions by division.

13-49-402. Violations -- Actions by division. (1) In addition to the division's enforcement powers described in Chapter 2, Division of Consumer Protection: (a) the division director may impose an administrative fine of up to $2,500 for a violation of this chapter; and (b) the division may bring an action in a court with jurisdiction to enforce a provision of this chapter. (2) In a court action the division brings to enforce a provision of this chapter, the court may: (a) declare that an act or practice violates a provision of this chapter; (b) issue an injunction for a violation of this chapter; (c) order disgorgement of any money received in violation of this chapter; (d) order payment of disgorged money to an injured purchaser or consumer; (e) impose a fine of up to $2,500 for each violation of this chapter; or (f) award any other relief that the court deems reasonable and necessary. (3) (a) A person that intentionally violates this chapter: (i) is guilty of a class A misdemeanor; and (ii) may be fined up to $10,000. (b) A person intentionally violates this part if the violation occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that the person is in violation of this chapter. Amended by Chapter 95, 2026 General Session

Utah Code § 13-49-403 Action by attorney general or district or county attorney.

13-49-403. Action by attorney general or district or county attorney. Upon referral from the division, the attorney general or a district or county attorney may: (1) bring an action for temporary or permanent injunctive or other relief in a court with jurisdiction for a violation of this part; (2) bring an action in a court with jurisdiction for the collection of penalties authorized under Subsection 13-49-402(2); or (3) bring an action under Subsection 13-49-402(3). Amended by Chapter 95, 2026 General Session

Utah Code § 13-49-404 Recovery of losses.

13-49-404. Recovery of losses. In addition to any other remedies, a person that suffers pecuniary loss because of a violation by another person of this chapter may bring an action in a court with jurisdiction and may recover: (1) the greater of $500 or twice the amount of the pecuniary loss; and (2) court costs and reasonable attorney fees as the court determines. Amended 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/Chapter49/13-49-P4.html?v=C13-49-P4_1800010118000101Fetched: 10/26/2026