Section 301 – Enforcement powers.

• (1) The division may enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.

• (2)
  • (a) In addition to the division’s enforcement powers under Chapter 2, Division of Consumer Protection:
    • (i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and
    • (ii) the division may bring an action in a court of competent jurisdiction to enforce the provisions of this chapter.
  • (b) In a court action by the division to enforce a provision of this chapter, the court may:
    • (i) find that an act or practice violates a provision of this chapter; and
    • (ii) award, for each violation of this chapter:
      • (A) actual damages on behalf of each consumer who complained to the division within a reasonable time after the division initiated the court action; and
      • (B) a fine of up to $2,500.
  • (c) For any judgment in favor of the division under this section, the court may award:
    • (i) costs, including the costs of investigation; and
    • (ii) reasonable attorney fees.

• (3) Each ticket sold or offered for sale while a person is in violation of a provision of this chapter constitutes a separate violation of this chapter.

• (4) Nothing in this chapter affects:
  • (a) a remedy available to a person independent of this chapter; or
  • (b) the division’s ability or authority to enforce any other law.

Enacted by Chapter 115, 2019 General Session