If an individual voids an agreement in accordance with Subsection 13-42-125(2), the individual may recover in a civil action all money paid or deposited by or on behalf of the individual in accordance with the agreement, except amounts paid to a creditor, in addition to the recovery under Subsections (3)(c) and (d).
(2)
If an individual voids an agreement in accordance with Subsection 13-42-125(1), the individual may recover in a civil action three times the total amount of the fees, charges, money, and payments the individual makes to the provider, in addition to the recovery under Subsection (3)(d).
(3)
Subject to Subsection (4), an individual with respect to whom a provider or other person violates this chapter may recover in a civil action from the provider, the person, and any person that causes the violation:
(a)
compensatory damages for injury, including noneconomic injury, caused by the violation;
In a class action, except for a violation of Subsection 13-42-128(1)(f), the minimum damages provided in Subsection (3)(b) do not apply.
(5)
(a)
A provider is not liable under this section for a violation of this chapter if the provider proves that the violation was not intentional and resulted from a good-faith error notwithstanding the maintenance of procedures the provider reasonably adopts to avoid the error.
(b)
An error of legal judgment with respect to a provider's obligations under this chapter is not a good-faith error as described in this Subsection (5).
(c)
If, in connection with a violation, the provider receives more money than authorized by an agreement or this chapter, the defense provided by this Subsection (5) is not available unless the provider refunds the excess no later than two business days after the day on which the provider learns of the violation.
(6)
The division shall assist an individual in enforcing a judgment against the surety bond or other security provided under Section 13-42-113 or 13-42-114.
Section 13-42-135 ("Private enforcement.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 13-42-135?
A common citation format is "Utah Code § 13-42-135" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 13-42-135 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
