Utah § 13-37-203 Liability and remedy.

Utah Statutes

§ 13-37-203 — Liability and remedy.

Utah·Title 13 Commerce and Trade·Ch. 13-37 Notice of Intent to Sell Nonpublic Personal Information Act·Part 13-37-2 Notice of Disclosure

(1)As a person's only remedy under this chapter, a person may bring an individual action, not a class action or act in a representative capacity, against a commercial entity in a federal or state court with jurisdiction if:

(1)(a) the commercial entity enters into a consumer transaction with that person;

(1)(b) as a result of the consumer transaction described in Subsection (1)(a), the commercial entity obtains nonpublic personal information concerning that person; and

(1)(c) the commercial entity violates this chapter.

(2)In an action brought under Subsection (1), a commercial entity that violates this chapter is liable to the person individually, but not to a class or to a person in a representative capacity, who brings the action for:

(2)(a) $500 for each time the commercial entity fa

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(1) As a person's only remedy under this chapter, a person may bring an individual action, not a class action or act in a representative capacity, against a commercial entity in a federal or state court with jurisdiction if:
(1)(a) the commercial entity enters into a consumer transaction with that person;
(1)(b) as a result of the consumer transaction described in Subsection (1)(a), the commercial entity obtains nonpublic personal information concerning that person; and
(1)(c) the commercial entity violates this chapter.
(2) In an action brought under Subsection (1), a commercial entity that violates this chapter is liable to the person individually, but not to a class or to a person in a representative capacity, who brings the action for:
(2)(a) $500 for each time the commercial entity fails to provide the notice required by this section in relation to the nonpublic personal information of the person who brings the action; and
(2)(b) court costs.
(3) An action for a violation of this chapter may only be brought in accordance with Section 78B-2-302 within one year from the day of the consumer transaction at issue.
(4) The Legislature finds that since January 1, 2004, the prohibition on bringing a class action is a remedy provision and not merely procedural.

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