63D-3-105. Remedies.

234 words·~1 min read·/ut/title-63d/chapter-3/63d-3-105

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/10/2016

(1)A person who brings a civil action against an individual for a violation of Section 63D-3-104 may:

(a)recover actual damages, including the person's:

(i)lost profits;

(ii)economic damages; and

(iii)reasonable cost of remediation efforts related to the violation;

(b)recover consequential damages, including for interruption of service;

(c)recover, from the individual, the individual's profit obtained through trafficking in anything obtained by the individual through the violation;

(d)obtain injunctive or other equitable relief to prevent a future violation of Section 63D-3-104 ; and

(e)recover anything the individual obtained through the violation, including:

(i)misappropriated information or code;

(ii)a misappropriated program; and

(iii)any copies of the information, code, or program described in Subsections (1)(e)(i) and (1)(e)(ii) .

(2)A court shall award reasonable attorney fees to the prevailing party in any action arising under this part.

(3)The remedies available for a violation of Section 63D-3-104 are in addition to remedies otherwise available for the same conduct under federal or state law.

(4)A person may not file a civil action under Section 63D-3-104 later than three years after the day on which:

(a)the violation occurred; or

(i)the person discovers the violation; or

(ii)the person should have discovered the violation if the person acted with reasonable diligence to discover the violation.

Enacted by Chapter 209 , 2016 General Session