Penalties and enforcement.

(1) In addition to the division's enforcement powers described in Chapter 2, Division of Consumer Protection: (a) the director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (b) the division may bring an action in a court with jurisdiction to enforce a provision of this chapter. (2) If the division brings an action in accordance with Subsection (1)(b): (a) the court may: (i) declare that an act or practice violates a provision of this chapter; (ii) issue an injunction for a violation of this chapter; (iii) order disgorgement of any money received in violation of this chapter; (iv) order payment of disgorged money to an injured purchaser or consumer; (v) impose a fine of up to $2,500 for each violation of this chapter; or (vi) award any other relief that the court deems reasonable and necessary; and (b) if the court grants judgment or injunctive relief to the division, the court shall award the division: (i) reasonable attorney fees; (ii) court costs; and (iii) investigative fees. (3) (a) A person that violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation. (b) A court may impose a civil penalty authorized under this section in a civil action brought by the division. (4) (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 (5)(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. (5) For purposes of this section, each telephone solicitation a person makes in violation of this chapter is a separate violation.