(1)  Except under Subsection 77-23b-4(5), any provider of electronic communications service, subscriber, or customer aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may in a civil action recover from the person or entity that engaged in that violation relief as is appropriate.

Terms Used In Utah Code 77-23b-8

  • 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
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: means :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
(2)  In a civil action under this section, appropriate relief includes:

(a)  preliminary and other equitable or declaratory relief as is appropriate;

(b)  damages under Subsection (3); and

(c)  a reasonable attorney’s fee and other litigation costs reasonably incurred.

(3)  The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case is a person entitled to recover less than $1,000.

(4)  A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this chapter or any other law:

(a)  a court warrant or order, a grand jury subpoena, legislative authorization, or a statutory authorization;

(b)  a request of an investigative or law enforcement officer under Subsection 77-23a-10(7); or

(c)  a good faith determination that Subsection 77-23a-4(9) permitted the conduct complained of.

(5)  A civil action under this section may not be commenced later than two years after the date the claimant first discovered or had a reasonable opportunity to discover the violation.

Amended by Chapter 22, 1989 General Session
Amended by Chapter 122, 1989 General Session