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Second Substitute S.B. 239
5 Ron AllenCurtis S. Bramble 6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions within the Utah Criminal Code related to unfair business
11 Highlighted Provisions:
12 This bill:
13 . defines unfair business practices;
14 . provides criminal penalties for unfair business practices; and
15 . provides a private right of action for a person injured by unfair business practices.
16 Monies Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 76-10-906.5, Utah Code Annotated 1953
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-10-906.5 is enacted to read:
26 76-10-906.5. Unfair business practice defined -- Criminal penalties -- Private
28 (1) As used in this section, "unfair business practice" means a business act or practice
30 (a) is unlawful, unfair, or fraudulent; and
31 (b) leads to a material diminution in value of intangible property.
32 (2) A person who commits an unfair business practice is guilty of:
33 (a) a class A misdemeanor for an unfair business practice that leads to a diminution in
34 value of intangible property that is less than or equal to $20,000; or
35 (b) a third degree felony for an unfair business practice that leads to a diminution in
36 value of intangible property that is greater than $20,000.
37 (3) (a) In addition to the penalties under Subsection (2), a person injured by an unfair
38 business practice may bring a private cause of action against a person who engages in an unfair
39 business practice.
40 (b) In an action under Subsection (3)(a), a person injured by an unfair business practice
41 may recover:
42 (i) actual damages;
43 (ii) costs and attorney fees; and
44 (iii) if the court determines that the circumstances are appropriate, punitive damages.
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