(1) After notice and an opportunity for an administrative hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act, the division may, in addition to exercising the division’s enforcement powers under Section 13-2-6, enforce the provisions of this chapter by:

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Terms Used In Utah Code 13-57-502

  • Division: means the Division of Consumer Protection of the Department of Commerce established in Section 13-2-1. See Utah Code 13-57-102
  • Individual: means a person who:
         (5)(a) resides in this state; and
         (5)(b) has or may have a pending legal action in this state. See Utah Code 13-57-102
  • Legal funding: means a payment of $500,000 or less to an individual in exchange for the right to receive an amount out of the potential proceeds of any realized settlement, judgment, award, or verdict the individual may receive in a civil legal action. See Utah Code 13-57-102
  • Maintenance funding provider: means a business entity that engages in the business of legal funding. See Utah Code 13-57-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
     (1)(a) revoking or suspending a maintenance funding provider‘s registration;
     (1)(b) ordering a maintenance funding provider to cease and desist from further legal funding;
     (1)(c) imposing a penalty of up to:

          (1)(c)(i) $1,000 per violation; or
          (1)(c)(ii) $10,000 per violation that the division finds willful; or
     (1)(d) ordering the maintenance funding provider to make restitution to an individual.
(2) The division’s enforcement powers under this section and Section 13-2-6 do not affect an individual’s legal claim against a maintenance funding provider.