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Second Substitute S.B. 239
Senator Mike Dmitrich proposes the following substitute bill:
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UNFAIR BUSINESS PRACTICES
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Mike Dmitrich
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Ron AllenCurtis S. Bramble
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LONG TITLE
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General Description:
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This bill enacts provisions within the Utah Criminal Code related to unfair business
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practices.
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Highlighted Provisions:
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This bill:
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. defines unfair business practices;
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. provides criminal penalties for unfair business practices; and
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. provides a private right of action for a person injured by unfair business practices.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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76-10-906.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-10-906.5
is enacted to read:
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76-10-906.5. Unfair business practice defined -- Criminal penalties -- Private
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action.
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(1) As used in this section, "unfair business practice" means a business act or practice
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that:
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(a) is unlawful, unfair, or fraudulent; and
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(b) leads to a material diminution in value of intangible property.
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(2) A person who commits an unfair business practice is guilty of:
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(a) a class A misdemeanor for an unfair business practice that leads to a diminution in
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value of intangible property that is less than or equal to $20,000; or
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(b) a third degree felony for an unfair business practice that leads to a diminution in
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value of intangible property that is greater than $20,000.
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(3) (a) In addition to the penalties under Subsection (2), a person injured by an unfair
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business practice may bring a private cause of action against a person who engages in an unfair
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business practice.
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(b) In an action under Subsection (3)(a), a person injured by an unfair business practice
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may recover:
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(i) actual damages;
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(ii) costs and attorney fees; and
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(iii) if the court determines that the circumstances are appropriate, punitive damages.
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