Full text of Utah Utah Code § 13-65-202 — Cause of action., with citation guidance and answers to common questions.
§ 13-65-202. Cause of action.
Effective 5/3/2023 13-65-202.
Cause of action.
(1)
(a)
The following persons may bring a claim against an advertiser or initiator who violates Section 13-65-201:
(i)
an electronic mail service provider;
(ii)
a recipient of an unsolicited commercial email; or
(iii)
a person whose brand, trademark, email address, or domain name an advertiser or initiator uses, without authorization, in the header information.
(b)
There is a rebuttable presumption that a commercial email that violates Section 13-65-201 is an unsolicited commercial email.
(c)
The burden of proving that a commercial email is not an unsolicited commercial email is on the defendant.
(2)
(a)
A person described in Subsection (1)(a)(i) or (ii) may recover:
(i)
actual damages; and
(ii)
except as provided in Subsection (2)(c), liquidated damages of $1,000 for each unsolicited commercial email transmitted in violation of Section 13-65-201.
(b)
If an addressee of an unsolicited commercial email has more than one email address to which an advertiser or an initiator sends an unsolicited commercial email, the addressee is considered a separate recipient for each email address to which the advertiser or the initiator sends the unsolicited commercial email.
(c)
If a court finds that an advertiser or an initiator used due diligence to establish and implement practices and procedures to effectively prevent unsolicited commercial emails in violation of this chapter, the court shall reduce the liquidated damages to $100 for each unsolicited commercial email transmitted in violation of Section 13-65-201.
(3)
A person described in Subsection (1)(a)(iii) may recover:
(a)
actual damages; and
(b)
liquidated damages in an amount equal to the lesser of:
(i)
$1,000 for each commercial email transmitted in violation of this chapter that uses, without authorization, a person's brand, trademark, email address, or domain name in the header information; and
(ii)
$2,000,000.
(4)
The prevailing party in an action brought under this section may recover reasonable attorney fees and costs.
(5)
(a)
Defendants in an action under this section are jointly and severally liable.
(b)
There is no cause of action under this section against an electronic mail service provider who is involved only in the routine conveyance of commercial email over the email service provider's computer network.
Section 13-65-202 ("Cause of action.") 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 § 13-65-202?
A common citation format is "Utah Code § 13-65-202" (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 § 13-65-202 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.
