(1) A civil action against a person who violates any provision of Part 2, Phishing and Pharming, may be filed by:

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Terms Used In Utah Code 13-40-401

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Internet: means the global information system that is logically linked together by a globally unique address space based on the Internet protocol (IP), or its subsequent extensions, and that is able to support communications using the transmission control protocol/Internet protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure. See Utah Code 13-40-102
  • Person: means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof. See Utah Code 13-40-102
  • 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
  • Webpage: means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet. See Utah Code 13-40-102
     (1)(a) an Internet service provider that is adversely affected by the violation;
     (1)(b) an owner of a webpage, computer server, or a trademark that is used without authorization in the violation; or
     (1)(c) the attorney general.
(2) A person permitted to bring a civil action under Subsection (1) may obtain either actual damages for a violation of this chapter or a civil penalty not to exceed $150,000 per violation of Part 2, Phishing and Pharming.
(3) A violation of Part 2, Phishing and Pharming, by a state-chartered or licensed financial institution is enforceable exclusively by the financial institution’s primary state regulator.