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Prohibited Acts and Penalties

Utah Code tit. 13, ch. 13-68, pt. 13-68-P4
in effect

Utah Code § 13-68-401 Unlawful acts.

13-68-401. Unlawful acts. (1) It is unlawful for a lawyer referral consultant or another person to: (a) make, cause, or allow to be made a false or misleading statement to a client or prospective client while providing or soliciting services to that client or prospective client; (b) make, cause, or allow to be made a guarantee or promise to a client or prospective client, unless the guarantee or promise is in writing and there is basis in fact for making the guarantee or promise; (c) charge a client a fee for referral of the client to another person for services that the lawyer referral consultant cannot or will not provide to the client; (d) communicate with a prospective client for the purpose of obtaining or referring business if the communication concerns a disaster, or an action for personal injury or wrongful death, unless: (i) the disaster, injury, or death occurred more than 30 days before the communication; (ii) the prospective client is a person who has a prior familial, prior personal, or prior professional relationship with the lawyer to be referred, the lawyer referral consultant, or the person communicating with the prospective client; (iii) the prospective client initiates the communication; or (iv) a third party who has a prior familial or prior close personal relationship with the prospective client requests the communication; (e) represent that the division or the state endorses or approves the lawyer referral consultant; (f) omit from a filing with the division a material statement of fact that this chapter or a rule the division makes in accordance with this section requires; or (g) include in a filing with the division a material statement of fact that the lawyer referral consultant or the lawyer referral consultant's principal knows or should know is false, deceptive, inaccurate, or misleading. (2) A lawyer referral consultant may not translate a document or other information in a way that falsely represents or implies that the lawyer referral consultant is an attorney. Amended by Chapter 95, 2026 General Session

Utah Code § 13-68-402 Violations -- Actions by division.

13-68-402. Violations -- Actions by division. (1) The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection. (2) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection: (a) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (b) the division may bring an action in a court with jurisdiction to enforce a provision of this chapter. (3) In an action the division brings in accordance with Subsection (2)(b), 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. (4) If a court with 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. (5) (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. (6) (a) A person who 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 § 13-68-403 Action by attorney general or district or county attorney.

13-68-403. Action by attorney general or district or county attorney. (1) Upon referral from the division, the attorney general or any district or county attorney may: (a) bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this part; (b) bring an action in any court of competent jurisdiction for the collection of penalties authorized under Subsection 13-68-402(2); or (c) bring an action under Subsection 13-68-402(5). (2) A court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this part if proof of loss is submitted to the satisfaction of the court. Amended by Chapter 95, 2026 General Session

Utah Code § 13-68-404 Recovery of losses.

13-68-404. 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 any court with jurisdiction and may recover: (1) the greater of: (a) $500; or (b) 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/Chapter68/13-68-P4.html?v=C13-68-P4_2023050320240502Fetched: 10/26/2026

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