Utah § 72b-305 - Heightened pleading standard for actions against covered platforms. (Effective 1/1/2027)

Full text of Utah Utah Code § 72b-305 — Heightened pleading standard for actions against covered platforms. (Effective 1/1/2027), with citation guidance and answers to common questions.

§ 72b-305. Heightened pleading standard for actions against covered platforms. (Effective 1/1/2027)

Effective 1/1/2027
13-72b-305.  Heightened pleading standard for actions against covered platforms.
(1)In any action brought under Section 13-72b-303 against a covered platform, the complaint shall plead with particularity facts establishing that the covered platform does not qualify for safe harbor protection under Section 13-72b-304.
(2)To meet the pleading requirements of Subsection (1), the plaintiff shall include specific factual allegations demonstrating that the covered platform does not qualify for safe harbor protection under Section 13-72b-304, including facts showing one or more of the following:
(a)that the covered platform failed to implement notice and removal procedures that comply with Section 13-72b-302;
(b)that the covered platform failed to act in good faith in responding to notices of non-consensual counterfeit intimate images;
(c)if the plaintiff provided notice under Section 13-72b-302:
(i)the specific date and method by which notice was provided;
(ii)the content of the notice provided;
(iii)the covered platform's response or failure to respond; and
(iv)facts establishing that the covered platform failed to comply with the takedown requirements in Section 13-72b-302; or
(d)if the plaintiff did not provide notice under Section 13-72b-302:
(i)facts establishing that the covered platform had actual knowledge of the non-consensual counterfeit intimate image before the plaintiff provided notice; and
(ii)facts establishing that the covered platform failed to take reasonable steps to remove the image within 48 hours after obtaining actual knowledge.
(3)General or conclusory allegations that a covered platform violated this part are insufficient to state a claim.
(4)If a complaint fails to meet the pleading requirements of this section, the court shall dismiss the action without prejudice.
(5)A covered platform may bring a motion to dismiss under this section before filing an answer or other responsive pleading.
(6)If the court grants a motion to dismiss under this section and the plaintiff files an amended complaint that again fails to meet the pleading requirements of this section, the court shall:
(a)dismiss the action with prejudice; and
(b)award the covered platform reasonable attorney fees and costs incurred in bringing the motion to dismiss the amended complaint.


Enacted by Chapter 352, 2026 General Session

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

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Frequently Asked Questions About Utah § 72b-305

What does Utah Code § 72b-305 cover?

Section 72b-305 ("Heightened pleading standard for actions against covered platforms. (Effective 1/1/2027)") 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 § 72b-305?

A common citation format is "Utah Code § 72b-305" (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 § 72b-305 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.