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Utah Code Title 13. Commerce and Trade § 13-21-8. Burden of proving exception--Penalties--Court's criminal and equitable jurisdiction--Prosecution

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) Any waiver by a buyer of any part of this chapter is void.

(b) Any attempt by a credit services organization to have a buyer waive rights given by this chapter is a violation of this chapter.

(2) In any proceeding involving this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming the exemption or exception.

(3)(a) Any person who violates this chapter is guilty of a class A misdemeanor.

(b) A court with jurisdiction under Title 78A, Judiciary and Judicial Administration, may restrain and enjoin a violation of this chapter.

(4) The attorney general, any county attorney, any district attorney, or any city attorney may prosecute misdemeanor actions or institute injunctive or civil proceedings, or both, under this chapter.

(5) The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.

(6)(a) In addition to other penalties under this section, the division director may issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter.

(b) All money received through administrative fines imposed under this section shall be deposited into the Consumer Protection Education and Training Fund created by Section 13-2-8.

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Cite this article: FindLaw.com - Utah Code Title 13. Commerce and Trade § 13-21-8. Burden of proving exception--Penalties--Court's criminal and equitable jurisdiction--Prosecution - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-13-commerce-and-trade/ut-code-sect-13-21-8/

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