13-37-203. Liability and remedy.
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Effective 5/7/2025
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