63D-3-105. Remedies.
| (1) |
A person who brings a civil action against an individual for a violation of Section 63D-3-104 may:
Terms Used In Utah Code 63D-3-105- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: means :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
| (a) |
recover actual damages, including the person’s:
| (ii) |
economic damages; and |
| (iii) |
reasonable cost of remediation efforts related to the violation; |
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| (b) |
recover consequential damages, including for interruption of service; |
| (c) |
recover, from the individual, the individual’s profit obtained through trafficking in anything obtained by the individual through the violation; |
| (d) |
obtain injunctive or other equitable relief to prevent a future violation of Section 63D-3-104; and |
| (e) |
recover anything the individual obtained through the violation, including:
| (i) |
misappropriated information or code; |
| (ii) |
a misappropriated program; and |
| (iii) |
any copies of the information, code, or program described in Subsections (1)(e)(i) and (1)(e)(ii). |
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| (2) |
A court shall award reasonable attorney fees to the prevailing party in any action arising under this part. |
| (3) |
The remedies available for a violation of Section 63D-3-104 are in addition to remedies otherwise available for the same conduct under federal or state law. |
| (4) |
A person may not file a civil action under Section 63D-3-104 later than three years after the day on which:
| (a) |
the violation occurred; or |
| (b) |
| (i) |
the person discovers the violation; or |
| (ii) |
the person should have discovered the violation if the person acted with reasonable diligence to discover the violation. |
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Enacted by Chapter 209, 2016 General Session
