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Utah Code Title 63D. Information Technology Act § 63D-3-105. Remedies

Current as of May 05, 2022 | Updated by FindLaw Staff

(1) A person who brings a civil action against an individual for a violation of Section 63D-3-104 may:

(a) recover actual damages, including the person's:

(i) lost profits;

(ii) economic damages; and

(iii) reasonable cost of remediation efforts related to the violation;

(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).

(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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Cite this article: FindLaw.com - Utah Code Title 63D. Information Technology Act § 63D-3-105. Remedies - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-63d-information-technology-act/ut-code-sect-63d-3-105/

Read this complete Utah Code Title 63D. Information Technology Act § 63D-3-105. Remedies on Westlaw. Westlaw subscription required.

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