§ 78B-6-2606 — Civil action by parent or legal guardian.

(1) A parent or legal guardian of a minor that accesses obscene content on a device as a result of a manufacturer's failure to comply with of Section 78B-6-2602 may bring a private cause of action in court against the manufacturer.
(2) A person bringing an action under Subsection (1) may recover:
(2)(a) (2)(a)(i) actual damages; or
(2)(a)(ii) where actual damages are difficult to ascertain due to the nature of the injury, $50,000 for each violation;
(2)(b) if a violation is found to be knowing and willful, punitive damages in an amount determined by the court;
(2)(c) nominal damages;
(2)(d) attorney fees; and
(2)(e) such other relief as the court deems appropriate, including court costs and expenses.
(3) Nothing herein shall preclude the bringing of a class action lawsuit against a manufacturer where the manufacturer's conduct in violation of Section 78B-6-2602 is knowing and willful.
(4) A parent or legal guardian of a minor may bring an action against any person who is not the parent or legal guardian of the child and who disables the filter from a device in the possession of the child which results in the minor's exposure to obscene content.
(5) A person bringing an action under Subsection (4) may recover:
(5)(a) (5)(a)(i) actual damages; or
(5)(a)(ii) where actual damages are difficult to ascertain due to the nature of the injury, $1,000 for each violation; and
(5)(b) such other relief as the court deems appropriate.

Legislative History

Enacted by Chapter 166, 2024 General Session