2023 Utah Code › Title 13 - Commerce and Trade › Chapter 63 - Utah Social Media Regulation Act › Part 2 - Enforcement of General Requirements by Division › Section 202 - Enforcement powers of the division.

Effective 5/3/2023
13-63-202.
Enforcement powers of the division.
(1) Except for a private right of action under Section 13-63-301, the division has the exclusive authority to administer and enforce the requirements of Part 1, General Requirements.
(2) The attorney general, upon request, shall give legal advice to, and act as counsel for, the division in the exercise of the division's responsibilities under this part.
(3)
(a) Subject to the ability to cure an alleged violation under Subsection (4):
(i) the division director may impose an administrative fine of up to $2,500 for each violation of Part 1, General Requirements; and
(ii) the division may bring an action in a court of competent jurisdiction to enforce a provision of Part 1, General Requirements.
(b) In a court action by the division to enforce a provision of Part 1, General Requirements, the court may:
(i) declare that the act or practice violates a provision of Part 1, General Requirements;
(ii) issue an injunction for a violation of Part 1, General Requirements;
(iii) order disgorgement of any money received in violation of Part 1, General Requirements;
(iv) order payment of disgorged money to an injured purchaser or consumer;
(v) impose a civil penalty of up to $2,500 for each violation of Part 1, General Requirements;
(vi) award actual damages to an injured purchaser or consumer; and
(vii) award any other relief that the court deems reasonable and necessary.
(4)
(a) At least 30 days before the day on which the division initiates an enforcement action against a person that is subject to the requirements of Part 1, General Requirements, the division shall provide the person with:
(i) written notice that identifies each alleged violation; and
(ii) an explanation of the basis for each allegation.
(b) Except as provided under Subsection (4)(c), the division may not initiate an action if the person:
(i) cures the noticed violation within 30 days after the day on which the person receives the notice described in Subsection (4)(a); and
(ii) provides the division with a written statement that:
(A) the person has cured the violation; and
(B) no further violation will occur.
(c) The division may initiate a civil action against a person that:
(i) fails to cure a violation after receiving the notice described in Subsection (4)(a); or
(ii) after curing a noticed violation and providing a written statement in accordance with Subsection (4)(b), commits another violation of the same provision.
(5) If a court of competent 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.
(6)
(a) A person who violates an administrative or court order issued for a violation of Part 1, General Requirements, 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, or by the attorney general on behalf of the division.
(7) All money received for the payment of a fine or civil penalty imposed under this section shall be deposited into the Consumer Protection Education and Training Fund established in Section 13-2-8.
Enacted by Chapter 498, 2023 General Session