Utah Code § 13-11-7

Duties of division -- Civil penalty for violation of restraining or injunctive orders

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The division shall:

enforce this chapter throughout the state;

cooperate with state and local officials, officials of other states, and officials of the federal government in the administration of comparable statutes;

inform consumers and suppliers on a continuing basis of the provisions of this chapter and of acts or practices that violate this chapter;

receive and act on complaints; and

maintain a public file of final judgments rendered under this chapter that have been either reported officially or made available for public dissemination under Subsection (1)(c), final consent judgments, and to the extent the division considers appropriate, assurances of voluntary compliance.

On motion of the division, or on the court's own motion, the court may impose a civil penalty of not more than $5,000 for each day a temporary restraining order, preliminary injunction, or permanent injunction issued under this chapter is violated, if the supplier received notice of the restraining or injunctive order.

Civil penalties imposed under this section shall be paid to the General Fund.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1988–2022 · leading case: State Ex Rel. Division of Consumer Protection v. GAF Corp.

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State Ex Rel. Division of Consumer Protection v. GAF Corp. (1988) utah · cites it 2× “Utah Code Ann. § 13-11-7 and Utah Code Ann.”

Miller v. Basic Research, LLC (2010) utd · cites it 2× “only in three limited situations: 1) an act or practice specified as violating the UCSPA by a rule adopted under Subsection 13-11-8(2) before the consumer transaction on which the action is based; 2) the action has been declared to violate Section 13-11^4 or 13-11-5 by a final…”

Johnson v. Blendtec (2020) utd · cites it 2× “e adopted by the enforcing authority under Subsection 13-11-8(2) before the consumer transactions on which the action is based, or declared to violate Section 13-11-4 or 13-11-5 by a final judgment of the appropriate court or courts of general jurisdiction and appellate courts…”

Fullmer v. A-1 Collection Agency (2022) utd · cites it 2× “opted by the enforcing authority under Subsection 13-11-8(2) before the consumer transaction on which the action is based[;]” (2) “declared to violate Section 13-11-4 or 13-11-5 by a final judgment of the appropriate court or courts of general jurisdiction and appellate courts…”

— Utah Code § 13-11-7(1)(c) — 2 cases

Johnson v. Blendtec (2020) utd “e adopted by the enforcing authority under Subsection 13-11-8(2) before the consumer transactions on which the action is based, or declared to violate Section 13-11-4 or 13-11-5 by a final judgment of the appropriate court or courts of general jurisdiction and appellate courts…”

Fullmer v. A-1 Collection Agency (2022) utd “opted by the enforcing authority under Subsection 13-11-8(2) before the consumer transaction on which the action is based[;]” (2) “declared to violate Section 13-11-4 or 13-11-5 by a final judgment of the appropriate court or courts of general jurisdiction and appellate courts…”

— Utah Code § 13-11-7(l)(c) — 1 case

Miller v. Basic Research, LLC (2010) utd “only in three limited situations: 1) an act or practice specified as violating the UCSPA by a rule adopted under Subsection 13-11-8(2) before the consumer transaction on which the action is based; 2) the action has been declared to violate Section 13-11^4 or 13-11-5 by a final…”

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