Utah Code 13-37-203. Liability
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(1) A person may bring an action against a commercial entity in a court of competent jurisdiction in this state if:
Terms Used In Utah Code 13-37-203
- commercial entity: means a person that:(2)(a)(i) has an office or other place of business located in the state; and(2)(a)(ii) in the ordinary course of business transacts a consumer transaction in this state. See Utah Code 13-37-102
- Consumer transaction: includes :
(4)(b)(i) the use of nonpublic personal information in relation to a transaction with a person if the transaction is for primarily personal, family, or household purposes; and(4)(b)(ii) with respect to any transaction described in Subsection (4)(a):(4)(b)(ii)(A) an offer or solicitation;(4)(b)(ii)(B) an agreement;(4)(b)(ii)(C) the performance of an agreement; or(4)(b)(ii)(D) a charitable solicitation as defined in Section 13-11-3. See Utah Code 13-37-102- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nonpublic personal information: includes :
(5)(b)(i) a person's Social Security number;(5)(b)(ii) information used to determine a person's credit worthiness including a person's:(5)(b)(ii)(A) income; or(5)(b)(ii)(B) employment history;(5)(b)(iii) the purchasing patterns of a person; or(5)(b)(iv) the personal preferences of a person. See Utah Code 13-37-102- 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- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) the commercial entity enters into a consumer transaction with that person;(1)(b) as a result of the consumer transaction described in Subsection (1)(a), the commercial entity obtains nonpublic personal information concerning that person; and(1)(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:(2)(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(2)(b) court costs.(3) A person may not bring a class action under this chapter. - Consumer transaction: includes :