Utah Code 13-67-106. Violation — Enforcement — Limitations
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(1)
Terms Used In Utah Code 13-67-106
- Division: means the Division of Consumer Protection in the Department of Commerce. See Utah Code 13-67-101
- Member: means an individual who submits to an online dating service provider the information required by the online dating service provider to access the online dating service provider's online dating service. See Utah Code 13-67-101
- Online dating service: means a product or service that is:(7)(a) conducted through a website or a mobile application; and(7)(b) primarily marketed and intended to offer a member access to dating or romantic relationships with another member by arranging or facilitating the social introduction of members. See Utah Code 13-67-101
- Online dating service provider: means a person predominately engaged in the business of offering an online dating service. See Utah Code 13-67-101
- 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
- Utah member: means a member who provides a Utah billing address or zip code when registering with an online dating service provider. See Utah Code 13-67-101
(1)(a) The division may enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.(1)(b) In addition to the division’s enforcement powers under Subsection (1)(a), a municipal, county, or state prosecuting authority may enforce this chapter through a civil action if the prosecuting authority is screening or prosecuting a criminal matter based on sexual or intimate partner violence or a financial crime perpetrated against a Utah member by an individual the Utah member met on an online dating service.
(2)
(2)(a) An online dating service provider that violates this chapter is, in addition to any other penalties established by law, liable for:
(2)(a)(i) a civil penalty not to exceed $250 for each Utah member at the time of the violation; and
(2)(a)(ii) filing fees and reasonable attorney fees.
(2)(b) A court shall enjoin an online dating service provider who violates this chapter from an additional violation of this chapter.
(3) This chapter does not:
(3)(a) provide a basis for or create a private right of action; or
(3)(b) diminish or adversely affect protections for an online dating service provider under 47 U.S.C. § 230.