(1) A person may bring an action against a commercial entity in a court of competent jurisdiction in this state if:

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

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.