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Utah Code Title 78B. Judicial Code § 78B-6-2606. Civil action by parent or legal guardian

Current as of January 01, 2025 | Updated by Findlaw Staff

<Section effective Jan. 1, 2025.>

(1) A parent or legal guardian of a minor that accesses obscene content on a device as a result of a manufacturer's failure to comply with of Section 78B-6-2602 may bring a private cause of action in court against the manufacturer.

(2) A person bringing an action under Subsection (1) may recover:

(a)(i) actual damages; or

(ii) where actual damages are difficult to ascertain due to the nature of the injury, $50,000 for each violation;

(b) if a violation is found to be knowing and willful, punitive damages in an amount determined by the court;

(c) nominal damages;

(d) attorney fees; and

(e) such other relief as the court deems appropriate, including court costs and expenses.

(3) Nothing herein shall preclude the bringing of a class action lawsuit against a manufacturer where the manufacturer's conduct in violation of Section 78B-6-2602 is knowing and willful.

(4) A parent or legal guardian of a minor may bring an action against any person who is not the parent or legal guardian of the child and who disables the filter from a device in the possession of the child which results in the minor's exposure to obscene content.

(5) A person bringing an action under Subsection (4) may recover:

(a)(i) actual damages; or

(ii) where actual damages are difficult to ascertain due to the nature of the injury, $1,000 for each violation; and

(b) such other relief as the court deems appropriate.

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Cite this article: FindLaw.com - Utah Code Title 78B. Judicial Code § 78B-6-2606. Civil action by parent or legal guardian - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-78b-judicial-code/ut-code-sect-78b-6-2606/

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