Utah Code 13-64-301. Administration and enforcement — Division powers — Fees — Rulemaking
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(1) The division shall administer and enforce this chapter in accordance with Chapter 2, Division of Consumer Protection.
Terms Used In Utah Code 13-64-301
- Division: means the Division of Consumer Protection established in Section 13-2-1. See Utah Code 13-64-101
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
- Vehicle value protection agreement: includes :
(12)(b)(i) a vehicle trade-in agreement;(12)(b)(ii) a vehicle diminished value agreement;(12)(b)(iii) a vehicle cash down payment protection agreement; and(12)(b)(iv) a vehicle depreciation benefit agreement. See Utah Code 13-64-101(2) In addition to the division’s enforcement powers under Chapter 2, Division of Consumer Protection:(2)(a) the division director may impose an administrative fine of up to $2,500 for each act that is in violation of this chapter, including failure to insure or consider a vehicle value protection agreement as required under Subsection 13-64-202(1); and(2)(b) the division may bring a civil action to enforce this chapter.(3) In a civil action by the division to enforce this chapter, the court may:(3)(a) declare that an act or practice violates this chapter;(3)(b) issue an injunction for a violation of this chapter;(3)(c) order disgorgement of any money received after a violation of this chapter;(3)(d) order payment of disgorged money to an injured individual;(3)(e) impose a civil penalty of up to $2,500 for each violation of this chapter; or(3)(f) award any other relief that the court deems reasonable and necessary.(4) If a court grants judgment or injunctive relief to the division, the court shall award the division:(4)(a) reasonable attorney fees;(4)(b) court costs; and(4)(c) investigative fees.(5)(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.(5)(b) A civil penalty authorized under this section may be imposed in any civil action brought by the division.(5)(c) The division shall deposit money received for the payment of a fine or civil penalty under this section into the Consumer Protection Education and Training Fund created in Section 13-2-8.(6) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer and enforce this chapter. - Vehicle value protection agreement: includes :