Utah § 13-61-402 - Enforcement powers of the attorney general.

Full text of Utah Utah Code § 13-61-402 — Enforcement powers of the attorney general., with citation guidance and answers to common questions.

§ 13-61-402. Enforcement powers of the attorney general.

Effective 12/31/2023
13-61-402.  Enforcement powers of the attorney general.
(1) The attorney general has the exclusive authority to enforce this chapter.
(2) Upon referral from the division, the attorney general may initiate an enforcement action against a controller or processor for a violation of this chapter.
(3)
(a) At least 30 days before the day on which the attorney general initiates an enforcement action against a controller or processor, the attorney general shall provide the controller or processor:
(i) written notice identifying each provision of this chapter the attorney general alleges the controller or processor has violated or is violating; and
(ii) an explanation of the basis for each allegation.
(b) The attorney general may not initiate an action if the controller or processor:
(i) cures the noticed violation within 30 days after the day on which the controller or processor receives the written notice described in Subsection (3)(a); and
(ii) provides the attorney general an express written statement that:
(A) the violation has been cured; and
(B) no further violation of the cured violation will occur.
(c) The attorney general may initiate an action against a controller or processor who:
(i) fails to cure a violation after receiving the notice described in Subsection (3)(a); or
(ii) after curing a noticed violation and providing a written statement in accordance with Subsection (3)(b), continues to violate this chapter.
(d) In an action described in Subsection (3)(c), the attorney general may recover:
(i) actual damages to the consumer; and
(ii) for each violation described in Subsection (3)(c), an amount not to exceed $7,500.
(4) All money received from an action under this chapter shall be deposited into the Consumer Privacy Account established in Section 13-61-403.
(5) If more than one controller or processor are involved in the same processing in violation of this chapter, the liability for the violation shall be allocated among the controllers or processors according to the principles of comparative fault.


Enacted by Chapter 462, 2022 General Session

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

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Frequently Asked Questions About Utah § 13-61-402

What does Utah Code § 13-61-402 cover?

Section 13-61-402 ("Enforcement powers of the attorney general.") 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 § 13-61-402?

A common citation format is "Utah Code § 13-61-402" (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 § 13-61-402 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.