76-10-1113.  Cause of action.

(1)  An individual who suffers economic loss as a result of a fringe gaming device, video gaming device, or gambling device or record may bring a cause of action against a person who operates or receives revenue from the fringe gaming device, video gaming device, or gambling device or record to recover damages, costs, and attorney fees.

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Terms Used In Utah Code 76-10-1113

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Fringe gaming device: includes a machine or device similar to a machine or device described in Subsection (7)(a) that seeks to avoid application or circumvent this part or Article VI, Section 27, of the Utah Constitution. See Utah Code 76-10-1101
  • Gambling: includes a lottery. See Utah Code 76-10-1101
  • Gambling device or record: means anything specifically designed for use in gambling or fringe gambling or used primarily for gambling or fringe gambling. See Utah Code 76-10-1101
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • Video gaming device: means a device that includes all of the following:
(a) a video display and computer mechanism for playing a game;
(b) the length of play of any single game is not substantially affected by the skill, knowledge, or dexterity of the player;
(c) a meter, tracking, or recording mechanism that records or tracks any money, tokens, games, or credits accumulated or remaining;
(d) a play option that permits a player to spend or risk varying amounts of money, tokens, or credits during a single game, in which the spending or risking of a greater amount of money, tokens, or credits:
(i) does not significantly extend the length of play time of any single game; and
(ii) provides for a chance of greater return of credits, games, or money; and
(e) an operating mechanism that, in order to function, requires inserting money, tokens, or other valuable consideration other than entering the user's name, birthdate, or contact information. See Utah Code 76-10-1101
(2)  An individual who brings suit under Subsection (1) may recover twice the amount of the economic loss described in Subsection (1).

Enacted by Chapter 291, 2020 General Session

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