30-14-144. Additional penalty for unfair or deceptive act committed against older person or developmentally disabled person. (1) In addition to any civil penalty imposed pursuant to 30-14-142, a person who engages in a practice unlawful under 30-14-103 and whose conduct is perpetrated against an older person or against a developmentally disabled person is liable for an additional civil penalty not to exceed $10,000 for each violation if the court finds that:
(a) the person knew or should have known that the person's conduct was directed toward one or more older or developmentally disabled persons; or
(b) the person's conduct caused an older or developmentally disabled person to suffer one of the following:
(i) loss or encumbrance of a primary residence;
(ii) loss of principal employment or other source of income;
(iii) substantial loss of property set aside for retirement or for personal or family care and maintenance;
(iv) substantial loss of payments received under a pension or retirement plan or a government benefits program; or
(v) loss of assets essential to the health or welfare of the older or disabled person.
(2) Damages awarded in an action under 30-14-133 must be given priority over imposition of civil penalties ordered by the court under this section.
(3) As used in this section:
(a) "developmentally disabled person" means a person with a developmental disability as defined in 53-20-102; and
(b) "older person" has the meaning provided in 52-3-803.
History: En. Sec. 1, Ch. 217, L. 2013.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.