Title 13 Commerce and Trade
Chapter 26 Telephone Fraud Prevention Act
Section 8 Penalties.
13-26-8. Penalties.
(1) (a) Any telephone soliciting business or any person associated with a telephone
soliciting business, including solicitors, salespersons, agents, representatives of a solicitor, or
independent contractor, who violates this chapter as a first offense is guilty of a class B
misdemeanor.
(b) In the case of a second offense, the person is guilty of a class A misdemeanor.
(c) In the case of three or more offenses, the person is guilty of a third degree felony.
(d) In addition to other penalties under this Subsection (1), 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. All money received through administrative fines imposed under this
section shall be deposited in the Consumer Protection Education and Training Fund created by
Section 13-2-8.
(2) Any telephone soliciting business or any person associated with a telephone soliciting
business, including solicitors, salespersons, agents, representatives of a solicitor, or independent
contractors, who violates any provision of this chapter shall be subject to a civil penalty in a court
of competent jurisdiction not exceeding $2,500 for each unlawful transaction.
Amended by Chapter 18, 2005 General Session
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