(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.