Utah § 13-45-401 - Enforcement -- Confidentiality agreement -- Penalties.

Full text of Utah Utah Code § 13-45-401 — Enforcement -- Confidentiality agreement -- Penalties., with citation guidance and answers to common questions.

§ 13-45-401. Enforcement -- Confidentiality agreement -- Penalties.

Effective 5/7/2025
13-45-401.  Enforcement -- Confidentiality agreement -- Penalties.
(1)The attorney general may enforce the provisions of this chapter.
(2)A person who violates a provision of this chapter is subject to a civil fine of:
(a)no greater than $2,500 for a violation or series of violations concerning a specific consumer; and
(b)no greater than $100,000 in the aggregate for related violations concerning more than one consumer, unless:
(i)the violations concern:
(A)10,000 or more consumers who are residents of the state; and
(B)10,000 or more consumers who are residents of other states; or
(ii)the person agrees to settle for a greater amount.
(3)
(a)In addition to the penalties provided in Subsection (2), the attorney general may seek, in an action brought under this chapter:
(i)injunctive relief to prevent future violations of this chapter; and
(ii)attorney fees and costs.
(b)Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the attorney general brings an action under this chapter in the district court, the attorney general shall bring the action in:
(i)Salt Lake City; or
(ii)the county in which resides a consumer who is the subject of a credit report on which a violation occurs.
(4)The attorney general shall deposit any amount received under Subsection (2) or (3) into the Attorney General Litigation Fund created in Section 67-5-40.
(5)
(a)If the attorney general has reasonable cause to believe that an individual is in possession, custody, or control of information that is relevant to enforcing this chapter, the attorney general may enter into a confidentiality agreement with the individual.
(b)In a civil action brought under this chapter, a court may issue a confidentiality order that incorporates the confidentiality agreement described in Subsection (5)(a).
(c)A confidentiality agreement entered into under Subsection (5)(a) or a confidentiality order issued under Subsection (5)(b) may:
(i)address a procedure;
(ii)address testimony taken, a document produced, or material produced under this section;
(iii)provide whom may access testimony taken, a document produced, or material produced under this section;
(iv)provide for safeguarding testimony taken, a document produced, or material produced under this section; or
(v)require that the attorney general:
(A)return a document or material to an individual; or
(B)notwithstanding Section 63A-12-105 or a retention schedule created in accordance with Section 63G-2-604, destroy the document or material at a designated time.
(6)
(a)Subject to Subsection (6)(c), the attorney general shall keep confidential a procedure agreed to, testimony taken, a document produced, or material produced under this section pursuant to a subpoena, confidentiality agreement, or confidentiality order, unless the individual who agreed to the procedure, provided testimony, or produced the document or material waives confidentiality in writing.
(b)Subject to Subsections (6)(c) and (6)(d), the attorney general may use, in an enforcement action taken under this section, testimony taken, a document produced, or material produced under this section to the extent the use is not restricted or prohibited by a confidentiality agreement or a confidentiality order.
(c)The attorney general may use, in an enforcement action taken under this section, testimony taken, a document produced, or material produced under this section that is restricted or prohibited from use by a confidentiality agreement or a confidentiality order if the individual who provided testimony, produced the document, or produced the material waives the restriction or prohibition in writing.
(d)The attorney general may disclose testimony taken, a document produced, or material produced under this section, without consent of the individual who provided the testimony, produced the document, or produced the material, or without the consent of an individual being investigated, to:
(i)a grand jury; or
(ii)a federal or state law enforcement officer, if the person from whom the information was obtained is notified 20 days or greater before the day on which the information is disclosed, and the federal or state law enforcement officer certifies that the federal or state law enforcement officer will:
(A)maintain the confidentiality of the testimony, document, or material; and
(B)use the testimony, document, or material solely for an official law enforcement purpose.
(7)A civil action filed under this chapter shall be commenced no later than five years after the day on which the alleged violation last occurred.


Amended by Chapter 173, 2025 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 13-45-401

What does Utah Code § 13-45-401 cover?

Section 13-45-401 ("Enforcement -- Confidentiality agreement -- Penalties.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 13-45-401?

A common citation format is "Utah Code § 13-45-401" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 13-45-401 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.