NOTE: §1756 as enacted by Acts 2023, No. 456, eff. July 1, 2024.

§1756. Enforcement powers of the division

            A. The division has exclusive authority to administer and enforce the requirements of this Chapter.

            B. Subject to the ability to cure an alleged violation of Subsection D of this Section, the division director may impose an administrative fine of up to two thousand five hundred dollars for each violation of this Chapter, and the division may bring an action in a court of competent jurisdiction to enforce any provision of this Chapter.

            C. In a court action by the division to enforce any provision of this Chapter, the court may do any of the following:

            (1) Declare that the act or practice violates a provision of this Chapter.

            (2) Issue an injunction for a violation of this Chapter.

            (3) Order any profits, gains, gross receipts, or benefit from a violation of this Chapter to be forfeited and paid to the aggrieved person.

            (4) Impose a civil penalty of up to two thousand five hundred dollars for each violation of this Chapter.

            (5) Award damages to the aggrieved person.

            (6) Award any other relief that the court considers reasonable and necessary.

            D.(1) At least forty-five days before the day on which the division initiates an enforcement action against a person that is subject to the requirements of this Chapter, the division shall provide the person with a written notice that identifies each alleged violation and an explanation of the basis for each allegation.

            (2) Except as provided in Paragraph (3) of this Subsection, the division shall not initiate an action if the person cures the noticed violation within forty-five days after the date on which the person receives the notice by providing the division with a written statement indicating that the violation is cured and no further violations will occur.

            (3) The division may initiate a civil action against a person who does either of the following:

            (a) Fails to cure a violation after receiving the written notice described in Paragraph (1) of this Subsection.

            (b) Commits another violation of the same provision after curing a violation and providing a written statement in accordance with Paragraph (2) of this Subsection.

            (4) If a court of competent jurisdiction grants judgment or injunctive relief to the division, the court shall award the division all of the following:

            (a) Reasonable attorney fees.

            (b) Court costs.

            (c) Investigative costs.

            (5) A person who violates an administrative order or court order issued for a violation of this Chapter shall be subject to a civil penalty of not more than five thousand dollars for each violation. A civil penalty in accordance with this Section may be imposed in any civil action brought by the division.

            (6) All monies received from the payment of a fine or civil penalty imposed and collected pursuant to the provisions of this Section shall be used by the division to promote consumer protection and education.

            Acts 2023, No. 456, §1, eff. July 1, 2024.