Utah § 13-37-203 Liability and remedy.

Utah Statutes

§ 13-37-203 — Liability and remedy.

Utah § 13-37-203

Title 13Commerce and Trade

Ch. 13-37Notice of Intent to Sell Nonpublic Personal Information Act

Part 13-37-2Notice of Disclosure

This text of Utah § 13-37-203 (Liability and remedy.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 13-37-203 (2026).

Text

(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.