Title 13 Chapter 40 Section 401

Commerce and Trade
Utah E-commerce Integrity Act
Section 401
Phishing and pharming violations.


13-40-401.   Phishing and pharming violations.

            (1) A civil action against a person who violates any provision of Part 2, Phishing and Pharming, may be filed by:

            (a) an Internet service provider that is adversely affected by the violation;

            (b) an owner of a webpage, computer server, or a trademark that is used without authorization in the violation; or

            (c) the attorney general.

            (2) A person permitted to bring a civil action under Subsection (1) may obtain either actual damages for a violation of this chapter or a civil penalty not to exceed $150,000 per violation of Part 2, Phishing and Pharming.

            (3) A violation of Part 2, Phishing and Pharming, by a state-chartered or licensed financial institution is enforceable exclusively by the financial institution's primary state regulator.

Repealed and Re-enacted by Chapter 200, 2010 General Session