Utah Code 13-39-302. Civil action for violation

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(1)

For a violation of Section 13-39-202, an action may be brought by:

Terms Used In Utah Code 13-39-302

Contact point: means an electronic identification to which a communication may be sent, including:

(a)	an email address;

(b)	an instant message identity, subject to rules made by the unit under Subsection 13-39-203(1);

(c)	a mobile or other telephone number;

(d)	a facsimile number; or

(e)

an electronic address:

(i)	similar to a contact point listed in this Subsection (2); and

(ii)	defined as a contact point by rule made by the unit under Subsection 13-39-203(1). See Utah Code 13-39-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Person: means :Utah Code 68-3-12.5
(a)	a user of a contact point or domain name registered with the division under Section 13-39-201; or

(b)	a legal guardian of a user described in Subsection (1)(a).

(2)

In each action under Subsection (1):

(a)

a person described in Subsection (1) may recover the greater of:

(i)	actual damages; or

(ii)	$1,000 for each communication sent in violation of Section 13-39-202; and

(b)	the prevailing party shall be awarded costs and reasonable attorney fees.

Enacted by Chapter 338, 2004 General Session

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