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UTAH DIV. OF CONSUMER PROT. v. FLAGSHIP CAPITAL

No. 20040172.

125 P.3d 894 (2005)

2005 UT 76

UTAH DIVISION OF CONSUMER PROTECTION, Plaintiff and Appellant, v. FLAGSHIP CAPITAL dba Integrated Credit Solutions, Defendant and Appellee.

Supreme Court of Utah.

November 8, 2005.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Jeffrey S. Buckner, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Richard D. Burbidge, J. Ryan Mitchell, Jefferson W. Gross, Salt Lake City, William E. Raney, Kansas City, MO, for defendant.

NEHRING, Justice:

¶ 1 The Utah Division of Consumer Protection brought an enforcement proceeding against Flagship Capital, a telemarketing company, for failure to comply with sanctions imposed when Flagship violated Utah law. The district court dismissed the case citing a lack of subject matter jurisdiction because it determined that certain provisions of the Utah Telephone and Facsimile Solicitation Act, Utah Code Ann. §§ 13-25a-101 to -107 (2001)...

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