Utah Code 78B-6-2605. Proceedings by the attorney general
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(1) The attorney general may bring an action in court against a person for a violation of this chapter:
Terms Used In Utah Code 78B-6-2605
- Device: means a tablet or a smart phone manufactured on or after January 1, 2025. See Utah Code 78B-6-2601
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Manufacturer: means a person that:(5)(a)(5)(a)(i) is engaged in the business of manufacturing a device;(5)(a)(ii) holds the patents for the device the person manufactures; or(5)(a)(iii) holds the patents for the operating system on a device; and(5)(b) has a commercial registered agent as that term is defined in Section
16-17-102 . See Utah Code 78B-6-2601- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(1)(a) to enjoin any action that constitutes a violation of this chapter by the issuance of a temporary restraining order or preliminary or permanent injunction;(1)(b) to recover from a violator a civil penalty not to exceed $5,000 per violation, and not to exceed a total of $50,000 in aggregate, as determined by the court;(1)(c) to recover from a violator the attorney general’s reasonable expenses, investigative costs, and attorney fees; and(1)(d) to obtain other appropriate relief as provided for under this chapter.(2) The attorney general may seek revocation of any license or certificate authorizing a manufacturer to engage in business in this state if, after the manufacturer is found to have violated provisions of this part, the manufacturer demonstrates a repeated pattern of violations of the provisions of this part.(3) For purposes of assessing a penalty under this section, a manufacturer is considered to have committed a separate violation for each device manufactured on or after January 1, 2025, that violates the provisions of Section78B-6-2602 . - Person: means :