13-37-203.   Liability.
     (1) A person may bring an action against a commercial entity in a court of competent jurisdiction in this state 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 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) A person may not bring a class action under this chapter.

Enacted by Chapter 97, 2003 General Session
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Last revised: Thursday, May 28, 2009