Enforcement - penalties - repeal

6-1-1311. Enforcement - penalties - repeal. (1) (a) Notwithstanding any other provision of this article 1, the attorney general and district attorneys have exclusive authority to enforce this part 13 by bringing an action in the name of the state or as parens patriae on behalf of persons residing in the state to enforce this part 13 as provided in this article 1, including seeking an injunction to enjoin a violation of this part 13. (b) Notwithstanding any other provision of this article 1, nothing in this part 13 shall be construed as providing the basis for, or being subject to, a private right of action for violations of this part 13 or any other law. (c) For purposes only of enforcement of this part 13 by the attorney general or a district attorney, a violation of this part 13 is a deceptive trade practice. (d) (I) Repealed. (II) Prior to any enforcement action pursuant to subsection (1)(a) of this section to enforce section 6-1-1305.5, 6-1-1308.5, or 6-1-1309.5, the attorney general or district attorney must issue a notice of violation to the controller if a cure is deemed possible. If the controller fails to cure the violation within sixty days after receipt of the notice of violation, an action may be brought pursuant to this section. This subsection (1)(d)(II) is repealed, effective December 31, 2026. (2) The state treasurer shall credit all receipts from the imposition of civil penalties under this part 13 pursuant to section 24-31-108. Source: L. 2021: Entire part added, (SB 21-190), ch. 483, p. 3463, � 1, effective July 1, 2023. L. 2024: (1)(d) amended (SB 24-041), ch. 296, p. 2026, � 5, effective October 1, 2025 (see editor's note). Editor's note: SB 24-041 amended subsection (1)(d), effective October 1, 2025, but those amendments to subsection (1)(d)(I), as it would become effective October 1, 2025, did not take effect due to the repeal of subsection (1)(d)(I), effective January 1, 2025. Subsection (1)(d)(II) took effect October 1, 2025. (See L. 2024, p. 2026.)