2018 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 23b - Access to Electronic Communications
Section 8 - Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.

Universal Citation: UT Code § 77-23b-8 (2018)
77-23b-8. Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.
  • (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:
    • (a) preliminary and other equitable or declaratory relief as is appropriate;
    • (b) damages under Subsection (3); and
    • (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:
    • (a) a court warrant or order, a grand jury subpoena, legislative authorization, or a statutory authorization;
    • (b) a request of an investigative or law enforcement officer under Subsection 77-23a-10(7); or
    • (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.


Amended by Chapter 22, 1989 General Session
Amended by Chapter 122, 1989 General Session
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