reglab/statecodes huggingface dataset:
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 60 - Genetic Information Privacy Act › Part 2 - Genetic Testing and Procedure Privacy Act › Section 207 - Enforcement.

Effective 5/3/2023
13-60-207.
Enforcement.
(1) Whenever the attorney general has reason to believe that any person is using or is about to use any method, act, or practice in violation of the provisions of this part, and that proceedings would be in the public interest, the attorney general may bring an action against the person to restrain or enjoin the use of such method, act, or practice.
(2) In addition to restraining or enjoining the use of a method, act, or practice, the court may, after June 30, 2003, require the payment of:
(a) a civil fine of not more than $25,000 for each separate intentional violation; and
(b) reasonable costs of investigation and litigation, including reasonable attorneys' fees.
Renumbered and Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 61 - Utah Consumer Privacy Act › Part 1 - General Provisions › Section 103 - Preemption -- Reference to other laws.

Effective 12/31/2023
13-61-103.
Preemption -- Reference to other laws.
(1) This chapter supersedes and preempts any ordinance, resolution, rule, or other regulation adopted by a local political subdivision regarding the processing of personal data by a controller or processor.
(2) Any reference to federal law in this chapter includes any rules or regulations promulgated under the federal law.
Enacted by Chapter 462, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 61 - Utah Consumer Privacy Act › Part 2 - Rights Relating to Personal Data › Section 201 - Consumer rights -- Access -- Deletion -- Portability -- Opt out of certain processing.

Effective 12/31/2023
13-61-201.
Consumer rights -- Access -- Deletion -- Portability -- Opt out of certain processing.
(1) A consumer has the right to:
(a) confirm whether a controller is processing the consumer's personal data; and
(b) access the consumer's personal data.
(2) A consumer has the right to delete the consumer's personal data that the consumer provided to the controller.
(3) A consumer has the right to obtain a copy of the consumer's personal data, that the consumer previously provided to the controller, in a format that:
(a) to the extent technically feasible, is portable;
(b) to the extent practicable, is readily usable; and
(c) allows the consumer to transmit the data to another controller without impediment, where the processing is carried out by automated means.
(4) A consumer has the right to opt out of the processing of the consumer's personal data for purposes of:
(a) targeted advertising; or
(b) the sale of personal data.
(5) Nothing in this section requires a person to cause a breach of security system as defined in Section 13-44-102.
Enacted by Chapter 462, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 61 - Utah Consumer Privacy Act › Part 2 - Rights Relating to Personal Data › Section 202 - Exercising consumer rights.

Effective 12/31/2023
13-61-202.
Exercising consumer rights.
(1) A consumer may exercise a right by submitting a request to a controller, by means prescribed by the controller, specifying the right the consumer intends to exercise.
(2) In the case of processing personal data concerning a known child, the parent or legal guardian of the known child shall exercise a right on the child's behalf.
(3) In the case of processing personal data concerning a consumer subject to guardianship, conservatorship, or other protective arrangement under Title 75, Chapter 5, Protection of Persons Under Disability and Their Property, the guardian or the conservator of the consumer shall exercise a right on the consumer's behalf.
Enacted by Chapter 462, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 61 - Utah Consumer Privacy Act › Part 2 - Rights Relating to Personal Data › Section 203 - Controller's response to requests.

Effective 12/31/2023
13-61-203.
Controller's response to requests.
(1) Subject to the other provisions of this chapter, a controller shall comply with a consumer's request under Section 13-61-202 to exercise a right.
(2)
(a) Within 45 days after the day on which a controller receives a request to exercise a right, the controller shall:
(i) take action on the consumer's request; and
(ii) inform the consumer of any action taken on the consumer's request.
(b) The controller may extend once the initial 45-day period by an additional 45 days if reasonably necessary due to the complexity of the request or the volume of the requests received by the controller.
(c) If a controller extends the initial 45-day period, before the initial 45-day period expires, the controller shall:
(i) inform the consumer of the extension, including the length of the extension; and
(ii) provide the reasons the extension is reasonably necessary as described in Subsection (2)(b).
(d) The 45-day period does not apply if the controller reasonably suspects the consumer's request is fraudulent and the controller is not able to authenticate the request before the 45-day period expires.
(3) If, in accordance with this section, a controller chooses not to take action on a consumer's request, the controller shall within 45 days after the day on which the controller receives the request, inform the consumer of the reasons for not taking action.
(4)
(a) A controller may not charge a fee for information in response to a request, unless the request is the consumer's second or subsequent request during the same 12-month period.
(b)
(i) Notwithstanding Subsection (4)(a), a controller may charge a reasonable fee to cover the administrative costs of complying with a request or refuse to act on a request, if:
(A) the request is excessive, repetitive, technically infeasible, or manifestly unfounded;
(B) the controller reasonably believes the primary purpose in submitting the request was something other than exercising a right; or
(C) the request, individually or as part of an organized effort, harasses, disrupts, or imposes undue burden on the resources of the controller's business.
(ii) A controller that charges a fee or refuses to act in accordance with this Subsection (4)(b) bears the burden of demonstrating the request satisfied one or more of the criteria described in Subsection (4)(b)(i).
(5) If a controller is unable to authenticate a consumer request to exercise a right described in Section 13-61-201 using commercially reasonable efforts, the controller:
(a) is not required to comply with the request; and
(b) may request that the consumer provide additional information reasonably necessary to authenticate the request.
Enacted by Chapter 462, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 61 - Utah Consumer Privacy Act › Part 3 - Requirements for Controllers and Processors › Section 301 - Responsibility according to role.

Effective 12/31/2023
13-61-301.
Responsibility according to role.
(1) A processor shall:
(a) adhere to the controller's instructions; and
(b) taking into account the nature of the processing and information available to the processor, by appropriate technical and organizational measures, insofar as reasonably practicable, assist the controller in meeting the controller's obligations, including obligations related to the security of processing personal data and notification of a breach of security system described in Section 13-44-202.
(2) Before a processor performs processing on behalf of a controller, the processor and controller shall enter into a contract that:
(a) clearly sets forth instructions for processing personal data, the nature and purpose of the processing, the type of data subject to processing, the duration of the processing, and the parties' rights and obligations;
(b) requires the processor to ensure each person processing personal data is subject to a duty of confidentiality with respect to the personal data; and
(c) requires the processor to engage any subcontractor pursuant to a written contract that requires the subcontractor to meet the same obligations as the processor with respect to the personal data.
(3)
(a) Determining whether a person is acting as a controller or processor with respect to a specific processing of data is a fact-based determination that depends upon the context in which personal data are to be processed.
(b) A processor that adheres to a controller's instructions with respect to a specific processing of personal data remains a processor.
Enacted by Chapter 462, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 61 - Utah Consumer Privacy Act › Part 3 - Requirements for Controllers and Processors › Section 303 - Processing deidentified data or pseudonymous data.

Effective 12/31/2023
13-61-303.
Processing deidentified data or pseudonymous data.
(1) The provisions of this chapter do not require a controller or processor to:
(a) reidentify deidentified data or pseudonymous data;
(b) maintain data in identifiable form or obtain, retain, or access any data or technology for the purpose of allowing the controller or processor to associate a consumer request with personal data; or
(c) comply with an authenticated consumer request to exercise a right described in Subsections 13-61-202(1) through (3), if:
(i)
(A) the controller is not reasonably capable of associating the request with the personal data; or
(B) it would be unreasonably burdensome for the controller to associate the request with the personal data;
(ii) the controller does not:
(A) use the personal data to recognize or respond to the consumer who is the subject of the personal data; or
(B) associate the personal data with other personal data about the consumer; and
(iii) the controller does not sell or otherwise disclose the personal data to any third party other than a processor, except as otherwise permitted in this section.
(2) The rights described in Subsections 13-61-201(1) through (3) do not apply to pseudonymous data if a controller demonstrates that any information necessary to identify a consumer is kept:
(a) separately; and
(b) subject to appropriate technical and organizational measures to ensure the personal data are not attributed to an identified individual or an identifiable individual.
(3) A controller who uses pseudonymous data or deidentified data shall take reasonable steps to ensure the controller:
(a) complies with any contractual obligations to which the pseudonymous data or deidentified data are subject; and
(b) promptly addresses any breach of a contractual obligation described in Subsection (3)(a).
Enacted by Chapter 462, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 61 - Utah Consumer Privacy Act › Part 3 - Requirements for Controllers and Processors › Section 305 - No private cause of action.

Effective 12/31/2023
13-61-305.
No private cause of action.
A violation of this chapter does not provide a basis for, nor is a violation of this chapter subject to, a private right of action under this chapter or any other law.
Enacted by Chapter 462, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 61 - Utah Consumer Privacy Act › Part 4 - Enforcement › Section 401 - Investigative powers of division.

Effective 12/31/2023
13-61-401.
Investigative powers of division.
(1) The division shall establish and administer a system to receive consumer complaints regarding a controller's or processor's alleged violation of this chapter.
(2)
(a) The division may investigate a consumer complaint to determine whether the controller or processor violated or is violating this chapter.
(b) If the director has reasonable cause to believe that substantial evidence exists that a person identified in a consumer complaint is in violation of this chapter, the director shall refer the matter to the attorney general.
(c) Upon request, the division shall provide consultation and assistance to the attorney general in enforcing this chapter.
Enacted by Chapter 462, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 61 - Utah Consumer Privacy Act › Part 4 - Enforcement › Section 402 - Enforcement powers of the attorney general.

Effective 12/31/2023
13-61-402.
Enforcement powers of the attorney general.
(1) The attorney general has the exclusive authority to enforce this chapter.
(2) Upon referral from the division, the attorney general may initiate an enforcement action against a controller or processor for a violation of this chapter.
(3)
(a) At least 30 days before the day on which the attorney general initiates an enforcement action against a controller or processor, the attorney general shall provide the controller or processor:
(i) written notice identifying each provision of this chapter the attorney general alleges the controller or processor has violated or is violating; and
(ii) an explanation of the basis for each allegation.
(b) The attorney general may not initiate an action if the controller or processor:
(i) cures the noticed violation within 30 days after the day on which the controller or processor receives the written notice described in Subsection (3)(a); and
(ii) provides the attorney general an express written statement that:
(A) the violation has been cured; and
(B) no further violation of the cured violation will occur.
(c) The attorney general may initiate an action against a controller or processor who:
(i) fails to cure a violation after receiving the notice described in Subsection (3)(a); or
(ii) after curing a noticed violation and providing a written statement in accordance with Subsection (3)(b), continues to violate this chapter.
(d) In an action described in Subsection (3)(c), the attorney general may recover:
(i) actual damages to the consumer; and
(ii) for each violation described in Subsection (3)(c), an amount not to exceed $7,500.
(4) All money received from an action under this chapter shall be deposited into the Consumer Privacy Account established in Section 13-61-403.
(5) If more than one controller or processor are involved in the same processing in violation of this chapter, the liability for the violation shall be allocated among the controllers or processors according to the principles of comparative fault.
Enacted by Chapter 462, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 61 - Utah Consumer Privacy Act › Part 4 - Enforcement › Section 403 - Consumer Privacy Restricted Account.

Effective 12/31/2023
13-61-403.
Consumer Privacy Restricted Account.
(1) There is created a restricted account known as the "Consumer Privacy Account."
(2) The account shall be funded by money received through civil enforcement actions under this chapter.
(3) Upon appropriation, the division or the attorney general may use money deposited into the account for:
(a) investigation and administrative costs incurred by the division in investigating consumer complaints alleging violations of this chapter;
(b) recovery of costs and attorney fees accrued by the attorney general in enforcing this chapter; and
(c) providing consumer and business education regarding:
(i) consumer rights under this chapter; and
(ii) compliance with the provisions of this chapter for controllers and processors.
(4) If the balance in the account exceeds $4,000,000 at the close of any fiscal year, the Division of Finance shall transfer the amount that exceeds $4,000,000 into the General Fund.
Enacted by Chapter 462, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 61 - Utah Consumer Privacy Act › Part 4 - Enforcement › Section 404 - Attorney general report.

Effective 12/31/2023
13-61-404.
Attorney general report.
(1) The attorney general and the division shall compile a report:
(a) evaluating the liability and enforcement provisions of this chapter, including the effectiveness of the attorney general's and the division's efforts to enforce this chapter; and
(b) summarizing the data protected and not protected by this chapter including, with reasonable detail, a list of the types of information that are publicly available from local, state, and federal government sources.
(2) The attorney general and the division may update the report as new information becomes available.
(3) The attorney general and the division shall submit the report to the Business and Labor Interim Committee before July 1, 2025.
Enacted by Chapter 462, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 62 - Digital Asset Management Act › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/4/2022
13-62-101.
Definitions.
As used in this chapter:
(1) "Agent" means a person who is authorized to act on behalf of an owner with respect to a digital asset.
(2) "Control" means:
(a) an owner or an agent has the exclusive legal authority to conduct a transaction relating to the digital asset, including by means of a private key or the use of a multi-signature arrangement the owner or agent authorizes; or
(b) a secured party has created a smart contract which gives the secured party exclusive legal authority to conduct a transaction relating to a digital security.
(3)
(a) "Digital asset" means a representation of economic, proprietary, or access rights that is stored in a computer readable format.
(b) "Digital asset" includes:
(i) a digital user asset; or
(ii) a digital security.
(4) "Digital security" means a digital asset which constitutes a security, as that term is defined in Section 70A-8-101.
(5)
(a) "Digital user asset" means a digital asset that is used or bought primarily for consumptive, personal, or household purposes.
(b) "Digital user asset" includes an open blockchain token.
(c) "Digital user asset" does not include a digital security.
(6) "Multi-signature arrangement" means a system of access control relating to a digital asset for the purposes of preventing unauthorized transactions relating to the asset, in which two or more private keys are required to conduct a transaction.
(7) "Private key" means a unique element of cryptographic data, which is:
(a) held by a person;
(b) paired with a unique, publicly available element of cryptographic data; and
(c) associated with an algorithm that is necessary to carry out an encryption or decryption required to execute a transaction.
(8) "Smart contract" means a transaction which is comprised of code, script, or programming language that executes the terms of an agreement, and which may include taking custody of and transferring a digital asset, or issuing executable instructions for these actions, based on the occurrence or nonoccurrence of specified conditions.
Enacted by Chapter 448, 2022 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in SB 227, Chapter 462.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 62 - Digital Asset Management Act › Part 1 - General Provisions › Section 102 - Ownership of digital assets.

Effective 5/4/2022
13-62-102.
Ownership of digital assets.
(1) Digital securities are intangible personal property and shall be considered securities and investment property for purposes of this chapter, Title 70A, Chapter 8, Uniform Commercial Code - Investment Securities, and Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions.
(2) An owner of a digital user asset may demonstrate ownership of the digital user asset through control.
(3) Nothing in this chapter shall be interpreted to restrict or impair an owner's right to own a digital asset.
Enacted by Chapter 448, 2022 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in SB 227, Chapter 462.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 63 - Utah Social Media Regulation Act › Part 1 - General Requirements › Section 103 - Prohibition on data collection for certain accounts -- Prohibition on advertising -- Use of information -- Search results -- Directed content.

Effective 5/3/2023
13-63-103.
Prohibition on data collection for certain accounts -- Prohibition on advertising -- Use of information -- Search results -- Directed content.
Beginning March 1, 2024, a social media company, for a social media platform account held by a Utah minor account holder:
(1) shall prohibit direct messaging between the account and any other user that is not linked to the account through friending;
(2) may not show the account in search results for any user that is not linked to the account through friending;
(3) shall prohibit the display of any advertising in the account;
(4) shall not collect or use any personal information from the posts, content, messages, text, or usage activities of the account other than information that is necessary to comply with, and to verify compliance with, state or federal law, which information includes a parent or guardian's name, a birth date, and any other information required to be submitted under this section; and
(5) shall prohibit the use of targeted or suggested groups, services, products, posts, accounts, or users in the account.
Enacted by Chapter 498, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 63 - Utah Social Media Regulation Act › Part 1 - General Requirements › Section 104 - Parental access to social media account.

Effective 5/3/2023
13-63-104.
Parental access to social media account.
Beginning March 1, 2024, a social media company shall provide a parent or guardian who has given parental consent for a Utah minor account holder under Section 13-63-102 with a password or other means for the parent or guardian to access the account, which shall allow the parent or guardian to view:
(1) all posts the Utah minor account holder makes under the social media platform account; and
(2) all responses and messages sent to or by the Utah minor account holder in the social media platform account.
Enacted by Chapter 498, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 63 - Utah Social Media Regulation Act › Part 1 - General Requirements › Section 105 - Limited hours of access for minors -- Parental access and options.

Effective 5/3/2023
13-63-105.
Limited hours of access for minors -- Parental access and options.
(1) Beginning March 1, 2024, a social media company shall prohibit a Utah minor account holder from having access to the Utah minor account holder's account during the hours of 10:30 p.m. to 6:30 a.m., unless the access is modified according to another requirement of this section.
(2) Time of day under this section shall be calculated based on the Internet protocol address being used by the Utah minor account holder at the time of attempting access.
(3) A social media company shall provide options for a parent or guardian with access to an account under Section 13-63-104 to:
(a) change or eliminate the time-of-day restriction described in Subsection (1); and
(b) set a limit on the number of hours per day that a Utah minor account holder may use the account.
(4) A social media company shall not permit a Utah minor account holder to change or bypass restrictions on access as required by this section.
(5) Notwithstanding any provision of this section, a social media company shall permit a parent or guardian with access to an account under Section 13-63-104 to access the account without time restrictions.
Enacted by Chapter 498, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 63 - Utah Social Media Regulation Act › Part 2 - Enforcement of General Requirements by Division › Section 201 - Investigative powers of the division.

Effective 5/3/2023
13-63-201.
Investigative powers of the division.
(1) The division shall receive consumer complaints alleging a violation of Part 1, General Requirements.
(2) A person may file a consumer complaint that alleges a violation under Part 1, General Requirements, with the division.
(3) The division shall investigate a consumer complaint to determine whether a violation of Part 1, General Requirements, occurred.
Enacted by Chapter 498, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 63 - Utah Social Media Regulation Act › Part 2 - Enforcement of General Requirements by Division › Section 203 - Division report.

Effective 5/3/2023
13-63-203.
Division report.
(1) The division shall compile an annual report:
(a) evaluating the liability and enforcement provisions of this chapter, including:
(i) the effectiveness of the division's efforts to enforce this chapter; and
(ii) any recommendations for changes to this chapter;
(b) summarizing the consumer interactions that are protected and not protected by this chapter, including a list of alleged violations the division has received; and
(c) an accounting of:
(i) all administrative fines and civil penalties assessed during the year;
(ii) all administrative fines and civil penalties collected during the year; and
(iii) the use of funds from the Consumer Protection Education and Training Fund.
(2) The division may update or correct the report as new information becomes available.
(3) The division shall submit the report to the Business and Labor Interim Committee on or before the August meeting of each interim period.
Enacted by Chapter 498, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 63 - Utah Social Media Regulation Act › Part 3 - Private Right of Action for Violation of General Requirements › Section 301 - Private right of action.

Effective 5/3/2023
13-63-301.
Private right of action.
(1) Beginning March 1, 2024, a person may bring an action against a person that does not comply with a requirement of Part 1, General Requirements.
(2) A suit filed under the authority of this section shall be filed in the district court for the district in which a person bringing the action resides.
(3) If a court finds that a person has violated a provision of Part 1, General Requirements, the person who brings an action under this section is entitled to:
(a) an award of reasonable attorney fees and court costs; and
(b) an amount equal to the greater of:
(i) $2,500 per each incident of violation; or
(ii) actual damages for financial, physical, and emotional harm incurred by the person bringing the action, if the court determines that the harm is a direct consequence of the violation or violations.
Enacted by Chapter 498, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 63 - Utah Social Media Regulation Act › Part 5 - Harm to a Minor by a Social Media Company -- Private Right of Action › Section 501 - Private right of action for harm to a minor -- Rebuttable presumption of harm and causation.

Effective 5/3/2023
13-63-501.
Private right of action for harm to a minor -- Rebuttable presumption of harm and causation.
(1) Beginning March 1, 2024, a person may bring an action under this section against a social media company to recover damages incurred after March 1, 2024 by a Utah minor account holder for any addiction, financial, physical, or emotional harm suffered as a consequence of using or having an account on the social media company's social media platform.
(2) A suit filed under the authority of this section shall be filed in the district court for the district in which the Utah minor account holder resides.
(3) Notwithstanding Subsection (4), if a court finds that a Utah minor account holder has been harmed as a consequence of using or having an account on the social media company's social media platform, the minor seeking relief under this section is entitled to:
(a) an award of reasonable attorney fees and court costs; and
(b) an amount equal to the greater of:
(i) $2,500 per each incident of harm; or
(ii) actual damages for addiction, financial, physical, and emotional harm incurred by the person bringing the action, if the court determines that the harm is a direct consequence of the violation or violations.
(4) If a Utah minor account holder seeking recovery of damages under this section is under the age of 16, there shall be a rebuttable presumption that the harm actually occurred and that the harm was a caused as a consequence of using or having an account on the social media company's social media platform.
Enacted by Chapter 477, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in SB 152, Chapter 498, SB 216, Chapter 509, and SB 274, Chapter 536.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 63 - Utah Social Media Regulation Act › Part 6 - Waiver Prohibited › Section 601 - Waiver prohibited.

Effective 5/3/2023
13-63-601.
Waiver prohibited.
A waiver or limitation, or a purported waiver or limitation, of any of the following is void as unlawful, is against public policy, and a court or arbitrator may not enforce or give effect to the waiver, notwithstanding any contract or choice-of-law provision in a contract:
(1) a protection or requirement provided under this chapter;
(2) the right to cooperate with the division or to file a complaint with the division;
(3) the right to a private right of action as provided under this chapter; or
(4) the right to recover actual damages, statutory damages, civil penalties, costs, or fees as allowed by this chapter.
Enacted by Chapter 477, 2023 General Session
Enacted by Chapter 498, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter. Intentional identical language as this Section in HB 311.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 63 - Utah Social Media Regulation Act › Part 7 - Severability › Section 701 - Severability.

Effective 5/3/2023
13-63-701.
Severability.
If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provision or application. The provisions of this chapter are severable.
Enacted by Chapter 477, 2023 General Session
Enacted by Chapter 498, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter. Intentional identical language as this Section in HB 311.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 64 - Vehicle Value Protection Agreement Act › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/3/2023
13-64-101.
Definitions.
As used in this chapter:
(1) "Administrative functions" means the same as that term is defined in Section 31A-6b-102.
(2) "Agreement administrator" means a person who provides administrative functions related to a vehicle value protection agreement.
(3) "Covered vehicle" means a vehicle that is covered under a vehicle value protection agreement.
(4) "Division" means the Division of Consumer Protection established in Section 13-2-1.
(5) "Finance agreement" means the same as that term is defined in Section 31A-6b-102.
(6) "Insurer" means the same as that term is defined in Section 31A-1-301.
(7) "Preliminary period" means a time period that:
(a) begins the day on which the vehicle value protection agreement becomes effective; and
(b) ends the last day on which the purchaser may cancel the vehicle value protection agreement with a full refund.
(8) "Provider" means a person who is obligated to provide a benefit to another person under a vehicle value protection agreement.
(9) "Purchaser" means a person who purchases a benefit from another person under a vehicle value protection agreement.
(10) "Security" means the same as that term is defined in Section 31A-1-301.
(11) "Vehicle" means the same as that term is defined in Section 31A-6b-102.
(12)
(a) "Vehicle value protection agreement" means an agreement for a separate charge between a provider and purchaser under which the provider agrees to, upon damage, total loss, or unrecovered theft of the purchaser's covered vehicle, provide a benefit to the purchaser that may be applied to:
(i) the cash value of the covered vehicle when traded in for a replacement vehicle;
(ii) the finance agreement for a replacement vehicle; or
(iii) the purchase or lease price of a replacement vehicle.
(b) "Vehicle value protection agreement" includes:
(i) a vehicle trade-in agreement;
(ii) a vehicle diminished value agreement;
(iii) a vehicle cash down payment protection agreement; and
(iv) a vehicle depreciation benefit agreement.
(c) "Vehicle value protection agreement" does not include:
(i) insurance or an insurance contract regulated under Title 31A, Insurance Code;
(ii) a guaranteed asset protection waiver, as defined in Section 31A-6b-102;
(iii) a debt cancellation agreement, as defined in Section 31A-21-109; or
(iv) a debt suspension contract, as defined in Section 31A-21-109.
Enacted by Chapter 509, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 18, Chapter 31, HB 311, Chapter 477, HB 449, Chapter 298, SB 152, Chapter 498, SB 225, Chapter 377, and SB 274, Chapter 536.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 64 - Vehicle Value Protection Agreement Act › Part 2 - Vehicle Value Protection Agreements › Section 201 - Vehicle value protection agreement -- Required disclosures -- Finance agreement conditions.

Effective 5/3/2023
13-64-201.
Vehicle value protection agreement -- Required disclosures -- Finance agreement conditions.
(1) A person may not issue, sell, offer to sell, or otherwise provide a vehicle value protection agreement that does not comply with this chapter.
(2) A vehicle value protection agreement shall conspicuously disclose:
(a) the name, address, and contact information of:
(i) the provider;
(ii) the agreement administrator, if any; and
(iii) the purchaser;
(b) the terms of the vehicle value protection agreement, including:
(i) the charges under the vehicle value protection agreement;
(ii) the benefit eligibility requirements;
(iii) the conditions imposed by the vehicle value protection agreement; and
(iv) the procedure a purchaser is required to follow to obtain the benefit; and
(c) subject to Subsection (3), the terms or restrictions governing cancellation of the vehicle value protection agreement, including:
(i) that the purchaser may cancel the vehicle value protection agreement during the preliminary period;
(ii) the length of the preliminary period;
(iii) the purchaser's right to a refund for cancellation under Section 13-64-203; and
(iv) the methodology for calculating any refund to the purchaser for cancellation.
(3) The disclosure described in Subsection (2)(c)(i) shall:
(a) be written in dark bold with at least 12-point type on the first page of the vehicle value protection agreement; and
(b) read as follows: "IN ACCORDANCE WITH UTAH CODE SECTION 13-64-203, YOU, THE PURCHASER, MAY CANCEL THIS AGREEMENT AT ANY TIME BEFORE THE END OF THE PRELIMINARY PERIOD DESCRIBED IN THIS AGREEMENT."
(4) The provider shall provide the purchaser a copy of the vehicle value protection agreement at the time the provider and purchaser enter into the vehicle value protection agreement.
(5) A finance agreement or vehicle purchase agreement may not be conditioned on a purchaser entering into a vehicle value protection agreement.
Enacted by Chapter 509, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 311, Chapter 477, HB 449, Chapter 298, SB 152, Chapter 498, SB 225, Chapter 377, SB 274, Chapter 536.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 64 - Vehicle Value Protection Agreement Act › Part 2 - Vehicle Value Protection Agreements › Section 203 - Preliminary period -- Cancellation -- Refund.

Effective 5/3/2023
13-64-203.
Preliminary period -- Cancellation -- Refund.
(1)
(a) A vehicle value protection agreement shall provide for a preliminary period of at least 30 days.
(b) If a purchaser cancels a vehicle value protection agreement within the preliminary period, the purchaser is entitled to a refund of the charges under the vehicle value protection agreement as follows:
(i) if benefits have not been provided, a full refund; or
(ii) if benefits have been provided, a refund to the extent provided for in the vehicle value protection agreement.
(2)
(a) Except as provided in Subsection (2)(b), if a provider cancels a vehicle value protection agreement, the provider shall mail a written notice to the purchaser at least five days before the day on which the vehicle value protection agreement is canceled.
(b) A provider may immediately cancel a vehicle value protection agreement upon sending a notice of cancellation to the purchaser if the reason for the cancellation is:
(i) the purchaser's failure to pay the provider's fee under the vehicle value protection agreement; or
(ii) the purchaser's breach of the purchaser's duties relating to the covered vehicle.
(3) A notice described in Subsection (2) shall include:
(a) the effective date of the cancellation; and
(b) the reason for the cancellation.
(4) If a provider cancels a vehicle value protection agreement for a reason other than the purchaser's failure to pay the provider's fee under the vehicle value protection agreement, the provider:
(a) shall refund the purchaser any unearned provider fee under the vehicle value protection agreement;
(b) may charge the purchaser an administrative fee of up to $75; and
(c) may deduct the amount of a benefit paid under the vehicle value protection agreement from the refund.
Enacted by Chapter 509, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in SB 152, Chapter 498, SB 225, Chapter 377, and SB 274, Chapter 536.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 64 - Vehicle Value Protection Agreement Act › Part 3 - Enforcement › Section 301 - Administration and enforcement -- Division powers -- Fees -- Rulemaking.

Effective 5/3/2023
13-64-301.
Administration and enforcement -- Division powers -- Fees -- Rulemaking.
(1) The division shall administer and enforce this chapter in accordance with Chapter 2, Division of Consumer Protection.
(2) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:
(a) the division director may impose an administrative fine of up to $2,500 for each act that is in violation of this chapter, including failure to insure or consider a vehicle value protection agreement as required under Subsection 13-64-202(1); and
(b) the division may bring a civil action to enforce this chapter.
(3) In a civil action by the division to enforce this chapter, the court may:
(a) declare that an act or practice violates this chapter;
(b) issue an injunction for a violation of this chapter;
(c) order disgorgement of any money received after a violation of this chapter;
(d) order payment of disgorged money to an injured individual;
(e) impose a civil penalty of up to $2,500 for each violation of this chapter; or
(f) award any other relief that the court deems reasonable and necessary.
(4) If a court grants judgment or injunctive relief to the division, the court shall award the division:
(a) reasonable attorney fees;
(b) court costs; and
(c) investigative fees.
(5)
(a) A person who violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation.
(b) A civil penalty authorized under this section may be imposed in any civil action brought by the division.
(c) The division shall deposit money received for the payment of a fine or civil penalty under this section into the Consumer Protection Education and Training Fund created in Section 13-2-8.
(6) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer and enforce this chapter.
Enacted by Chapter 509, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 311, Chapter 477, SB 152, Chapter 498, and SB 274, Chapter 536.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 65 - Utah Commercial Email Act › Part 2 - Restrictions on Commercial Email › Section 201 - Prohibited uses of email.

Effective 5/3/2023
13-65-201.
Prohibited uses of email.
An advertiser or an initiator may not knowingly initiate or advertise in a commercial email sent from this state or sent to a Utah email address if:
(1) the commercial email contains or is accompanied by a third party's domain name without the permission of the third party;
(2) the commercial email contains or is accompanied by false, misrepresented, or forged header information, even if the commercial email contains truthful identifying information for the advertiser in the body of the email; or
(3) the commercial email has a subject line that is likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the identity of the advertiser, the contents, or the subject matter of the commercial email.
Enacted by Chapter 377, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 311, Chapter 477, HB 449, Chapter 298, SB 152, Chapter 498, SB 216, Chapter 509, SB 274, Chapter 536.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 65 - Utah Commercial Email Act › Part 2 - Restrictions on Commercial Email › Section 202 - Cause of action.

Effective 5/3/2023
13-65-202.
Cause of action.
(1)
(a) The following persons may bring a claim against an advertiser or initiator who violates Section 13-65-201:
(i) an electronic mail service provider;
(ii) a recipient of an unsolicited commercial email; or
(iii) a person whose brand, trademark, email address, or domain name an advertiser or initiator uses, without authorization, in the header information.
(b) There is a rebuttable presumption that a commercial email that violates Section 13-65-201 is an unsolicited commercial email.
(c) The burden of proving that a commercial email is not an unsolicited commercial email is on the defendant.
(2)
(a) A person described in Subsection (1)(a)(i) or (ii) may recover:
(i) actual damages; and
(ii) except as provided in Subsection (2)(c), liquidated damages of $1,000 for each unsolicited commercial email transmitted in violation of Section 13-65-201.
(b) If an addressee of an unsolicited commercial email has more than one email address to which an advertiser or an initiator sends an unsolicited commercial email, the addressee is considered a separate recipient for each email address to which the advertiser or the initiator sends the unsolicited commercial email.
(c) If a court finds that an advertiser or an initiator used due diligence to establish and implement practices and procedures to effectively prevent unsolicited commercial emails in violation of this chapter, the court shall reduce the liquidated damages to $100 for each unsolicited commercial email transmitted in violation of Section 13-65-201.
(3) A person described in Subsection (1)(a)(iii) may recover:
(a) actual damages; and
(b) liquidated damages in an amount equal to the lesser of:
(i) $1,000 for each commercial email transmitted in violation of this chapter that uses, without authorization, a person's brand, trademark, email address, or domain name in the header information; and
(ii) $2,000,000.
(4) The prevailing party in an action brought under this section may recover reasonable attorney fees and costs.
(5)
(a) Defendants in an action under this section are jointly and severally liable.
(b) There is no cause of action under this section against an electronic mail service provider who is involved only in the routine conveyance of commercial email over the email service provider's computer network.
Enacted by Chapter 377, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in SB 152, Chapter 498, SB 216, Chapter 509, and SB 274, Chapter 536.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 65 - Utah Commercial Email Act › Part 2 - Restrictions on Commercial Email › Section 203 - Enforcement.

Effective 5/3/2023
13-65-203.
Enforcement.
(1) The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.
(2) The attorney general, upon request, shall give legal advice to, and act as counsel for, the division in the exercise of the division's responsibilities under this chapter.
(3)
(a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:
(i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and
(ii) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter.
(b) In a court action by the division to enforce a provision of this chapter, the court may:
(i) declare that an act or practice violates a provision of this chapter;
(ii) issue an injunction for a violation of this chapter;
(iii) order disgorgement of any money received in violation of this chapter;
(iv) order payment of disgorged money to an injured purchaser or consumer;
(v) impose a fine of up to $2,500 for each violation of this chapter; or
(vi) award any other relief that the court deems reasonable and necessary.
(4) If a court of competent jurisdiction grants judgment or injunctive relief to the division, the court shall award the division:
(a) reasonable attorney fees;
(b) court costs; and
(c) investigative fees.
(5)
(a) A person who violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation.
(b) A civil penalty authorized under this section may be imposed in any civil action brought by the attorney general on behalf of the division.
(6) All money received for the payment of a fine or civil penalty imposed under this section shall be deposited into the Consumer Protection Education and Training Fund created in Section 13-2-8.
Enacted by Chapter 377, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in SB 152, Chapter 498, SB 216, Chapter 509, and SB 274, Chapter 536.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 66 - Business Services Boycott Restrictions › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2023
13-66-101.
Definitions.
As used in this chapter:
(1) "Boycotted company" means a company that:
(a) engages in, facilitates, or supports the manufacture, import, distribution, advertising, sale, or lawful use of a firearm, ammunition, or another component or accessory of a firearm or ammunition; or
(b) does not meet or commit to meet:
(i) environmental, social, or governance criteria in that the company engages in the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based or nuclear energy, timber, mining, or agriculture; or
(ii) environmental standards, including standards for eliminating, reducing, offsetting, or disclosing greenhouse gas-emissions, beyond applicable state and federal law requirements.
(2)
(a) "Company" means a corporation, partnership, limited liability company, or similar entity.
(b) "Company" includes any wholly-owned subsidiary, majority-owned subsidiary, parent company, or affiliate of an entity described in Subsection (2)(a).
Enacted by Chapter 298, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 311, Chapter 477, HB 18, Chapter 31, SB 152, Chapter 498, SB 216, Chapter 509, SB 225, Chapter 377, and SB 274, Chapter 536.