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2025 Utah Code
Title 13 - Commerce and Trade
Chapter 37 - Notice of Intent to Sell Nonpublic Personal Information Act
Part 2 - Notice of Disclosure
Section 203 - Liability and remedy.
Universal Citation:
UT Code § 13-37-203 (2025)
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Effective 5/7/2025
13-37-203. Liability and remedy.
Amended by Chapter 542, 2025 General Session
13-37-203. Liability and remedy.
- (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:
- (a)the commercial entity enters into a consumer transaction with that person;
- (b)as a result of the consumer transaction described in Subsection (1)(a), the commercial entity obtains nonpublic personal information concerning that person; and
- (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:
- (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
- (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.
Amended by Chapter 542, 2025 General Session
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