Utah § 23b-8 - Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.
Full text of Utah Utah Code § 23b-8 — Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action., with citation guidance and answers to common questions.
§ 23b-8. Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.
77-23b-8.
Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.
(1)
Except under Subsection 77-23b-4(5), any provider of electronic communications service, subscriber, or customer aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may in a civil action recover from the person or entity that engaged in that violation relief as is appropriate.
(2)
In a civil action under this section, appropriate relief includes:
(a)
preliminary and other equitable or declaratory relief as is appropriate;
a reasonable attorney's fee and other litigation costs reasonably incurred.
(3)
The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case is a person entitled to recover less than $1,000.
(4)
A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this chapter or any other law:
(a)
a court warrant or order, a grand jury subpoena, legislative authorization, or a statutory authorization;
(b)
a request of an investigative or law enforcement officer under Subsection 77-23a-10(7); or
(c)
a good faith determination that Subsection 77-23a-4(9) permitted the conduct complained of.
(5)
A civil action under this section may not be commenced later than two years after the date the claimant first discovered or had a reasonable opportunity to discover the violation.
Amended by Chapter 22, 1989 General Session Amended by Chapter 122, 1989 General Session
Section 23b-8 ("Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation 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 § 23b-8?
A common citation format is "Utah Code § 23b-8" (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 § 23b-8 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.
