{"data":{"id":"us-ut/utah-code-78b-3-101.3","jurisdiction":"us-ut","citation":"Utah Code § 78B-3-101.3","heading":"Requirements for a private right of action -- Findings.","body":"(1) The Legislature finds that:\n(a) the traditional standing requirement in a private right of action is important to ensure that a plaintiff has a personal stake in the outcome of the action;\n(b) the traditional standing requirement respects and safeguards the core constitutional principles of separation of powers by limiting a court's authority to hear only a private right of action where the plaintiff has a personal stake in the outcome of the action;\n(c) the traditional standing requirement protects the legal rights and interests of the person with the right to bring the private right of action; and\n(d) allowing a plaintiff that does not meet the traditional standing requirement for a claim that asserts the constitutional rights of a third party in a private right of action:\n(i) infringes on the constitutional and statutory rights of the third party to bring a private right of action on the third party's own behalf;\n(ii) conflicts with statutory and procedural laws that recognize that a real party in interest is the proper party for bringing a private right of action; and\n(iii) circumvents class action laws that protect a third party from having claims litigated on the third party's behalf without the third party's knowledge or consent.\n(2) For a plaintiff to bring a private right of action in a court of this state, the plaintiff shall meet the traditional standing requirement in a private right of action.\n(3) If a plaintiff brings a private right of action in a court of this state with a claim asserting the constitutional rights of a third party, the plaintiff shall establish that:\n(a) the third party meets the traditional standing requirement for bringing the action;\n(b) the plaintiff has a substantial relationship with the third party;\n(c) there is no way for the third party to bring a private right of action to assert the third party's own constitutional rights; and\n(d) the third party's constitutional rights would be weakened without the plaintiff bringing the action.\n(4) If the plaintiff is an association bringing a private right of action on behalf of any member of the association, the plaintiff shall plead with particularity that:\n(a) the member meets the traditional standing requirement for bringing a private right of action;\n(b) the member consents to the association bringing the action on the behalf of the member; and\n(c) the participation of the member is not necessary to the resolution of the action.\n(5) Notwithstanding Subsection (1) or (2), a plaintiff may bring a private right of action in a court of this state if the plaintiff is authorized by statute to bring the private right of action.\n(6) A court shall dismiss a private right of action if the plaintiff cannot demonstrate that the plaintiff meets the requirements of this section.","path":["Title 78B Judicial Code","Chapter 78B-3 Civil Actions","Part 78B-3-1 Right to Sue and Be Sued"],"source_url":"https://le.utah.gov/xcode/Title78B/Chapter3/78B-3-S101.3.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"575a58542c9637ad8de22df89fbf919017594479f060fbb872faf8257397b7f9","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-78b-3-101.1","next":"us-ut/utah-code-78b-3-101.5"},"notice":"GroundRules: Original legal text. Not legal advice."}