Section 8 – Penalties.

• (1)
  • (a) A seller or solicitor who violates a provision of this chapter is guilty of:
    • (i) a class B misdemeanor for a first violation;
    • (ii) if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and
    • (iii) if the seller or solicitor has two prior violations of this chapter, a third-degree felony.
  • (b) For the purposes of Subsection (1)(a), a prior violation includes:
    • (i) a final prior conviction;
    • (ii) a final determination by a court of competent jurisdiction; or
    • (iii) a final determination in an administrative adjudicative proceeding.

• (2) A person who violates a provision of this chapter is subject to a civil penalty in a court of competent jurisdiction of up to $2,500 for each violation of this chapter.

• (3)
  • (a) The division may:
    • (i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act, conduct an administrative proceeding to enforce the provisions of this chapter;
    • (ii) bring a court action to enforce the provisions of this chapter; and
    • (iii) in addition to other penalties described in this chapter, issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter.
  • (b) For purposes of this section, each telephone solicitation made in violation of this chapter is a separate violation.

• (4) The division shall deposit all administrative fines and civil penalties collected under this chapter into the Consumer Protection Education and Training Fund created in Section 13-2-8.

Amended by Chapter 324, 2022 General Session