{"data":{"id":"us-ut/utah-code-77-23b-8","jurisdiction":"us-ut","citation":"Utah Code § 77-23b-8","heading":"Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.","body":"(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.\n(2) In a civil action under this section, appropriate relief includes:\n(a) preliminary and other equitable or declaratory relief as is appropriate;\n(b) damages under Subsection (3); and\n(c) a reasonable attorney's fee and other litigation costs reasonably incurred.\n(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.\n(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:\n(a) a court warrant or order, a grand jury subpoena, legislative authorization, or a statutory authorization;\n(b) a request of an investigative or law enforcement officer under Subsection 77-23a-10(7); or\n(c) a good faith determination that Subsection 77-23a-4(9) permitted the conduct complained of.\n(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.","path":["Title 77 Criminal Procedure","Chapter 77-23b Access to Electronic Communications"],"source_url":"https://le.utah.gov/xcode/Title77/Chapter23b/77-23b-S8.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"178a757995d4597eccc5e0c63a9a6ea6caef5e711847792a6f3aaf79319d54d2","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-77-23b-7","next":"us-ut/utah-code-77-23b-9"},"notice":"GroundRules: Original legal text. Not legal advice."}