Utah § 77-23b-8 Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.

Utah Statutes

§ 77-23b-8 — Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.

Utah·Title 77 Utah Code of Criminal Procedure·Ch. 77-23b Access to Electronic Communications

(1)Except under Subsection 77-23b-4(5), any provider of electronic communications service, subscriber, or customer aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may in a civil action recover from the person or entity that engaged in that violation relief as is appropriate.

(2)In a civil action under this section, appropriate relief includes:

(2)(a) preliminary and other equitable or declaratory relief as is appropriate;

(2)(b) damages under Subsection (3); and

(2)(c) a reasonable attorney's fee and other litigation costs reasonably incurred.

(3)The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits m

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(1) Except under Subsection 77-23b-4(5), any provider of electronic communications service, subscriber, or customer aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may in a civil action recover from the person or entity that engaged in that violation relief as is appropriate.
(2) In a civil action under this section, appropriate relief includes:

(2)(a) preliminary and other equitable or declaratory relief as is appropriate;
(2)(b) damages under Subsection (3); and
(2)(c) a reasonable attorney's fee and other litigation costs reasonably incurred.
(3) The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case is a person entitled to recover less than $1,000.
(4) A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this chapter or any other law:

(4)(a) a court warrant or order, a grand jury subpoena, legislative authorization, or a statutory authorization;
(4)(b) a request of an investigative or law enforcement officer under Subsection 77-23a-10(7); or
(4)(c) a good faith determination that Subsection 77-23a-4(9) permitted the conduct complained of.
(5) A civil action under this section may not be commenced later than two years after the date the claimant first discovered or had a reasonable opportunity to discover the violation.

Utah § 77-23b-8 (Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.