Utah Code 78B-6-2606. Civil action by parent or legal guardian
Current as of: 2024 | Check for updates
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(1) A parent or legal guardian of a minor that accesses obscene content on a device as a result of a manufacturer‘s failure to comply with of Section 78B-6-2602 may bring a private cause of action in court against the manufacturer.
Terms Used In Utah Code 78B-6-2606
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Device: means a tablet or a smart phone manufactured on or after January 1, 2025. See Utah Code 78B-6-2601
- Filter: means generally accepted and commercially reasonable software used on a device that is capable of preventing the device from accessing or displaying obscene material through Internet browsers or search engines owned or controlled by the manufacturer in accordance with prevailing industry standards including blocking known websites linked to obscene content via mobile data networks, wired Internet networks, and wireless Internet networks. See Utah Code 78B-6-2601
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Manufacturer: means a person that:
(5)(a)(5)(a)(i) is engaged in the business of manufacturing a device;(5)(a)(ii) holds the patents for the device the person manufactures; or(5)(a)(iii) holds the patents for the operating system on a device; and(5)(b) has a commercial registered agent as that term is defined in Section16-17-102 . See Utah Code 78B-6-2601- Minor: means an individual under the age of 18 who is not emancipated, married, or a member of the armed forces of the United States. See Utah Code 78B-6-2601
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(2) A person bringing an action under Subsection (1) may recover:(2)(a)(2)(a)(i) actual damages; or(2)(a)(ii) where actual damages are difficult to ascertain due to the nature of the injury, $50,000 for each violation;(2)(b) if a violation is found to be knowing and willful, punitive damages in an amount determined by the court;(2)(c) nominal damages;(2)(d) attorney fees; and(2)(e) such other relief as the court deems appropriate, including court costs and expenses.(3) Nothing herein shall preclude the bringing of a class action lawsuit against a manufacturer where the manufacturer’s conduct in violation of Section78B-6-2602 is knowing and willful.(4) A parent or legal guardian of a minor may bring an action against any person who is not the parent or legal guardian of the child and who disables the filter from a device in the possession of the child which results in the minor’s exposure to obscene content.(5) A person bringing an action under Subsection (4) may recover:(5)(a)(5)(a)(i) actual damages; or(5)(a)(ii) where actual damages are difficult to ascertain due to the nature of the injury, $1,000 for each violation; and(5)(b) such other relief as the court deems appropriate.