13-37-203. Liability and remedy.
(1) As a person's only remedy under this chapter, a person may bring an individual action, not a class action or act in a representative capacity, against a commercial entity in a federal or state court with jurisdiction if: the commercial entity enters into a consumer transaction with that person; as a result of the consumer transaction described in Subsection, the commercial entity obtains nonpublic personal information concerning that person; and (1)(a) the commercial entity violates this chapter.
(2) In an action brought under Subsection, a commercial entity that violates this chapter is liable to the person individually, but not to a class or to a person in a representative capacity, who brings the action for: (1) $500 for each time the commercial entity fails to provide the notice required by this section in relation to the nonpublic personal information of the person who brings the action; and court costs.
(3) An action for a violation of this chapter may only be brought in accordance with Sectionwithin one year from the day of the consumer transaction at issue. 78B-2-302
(4) The Legislature finds that since January 1, 2004, the prohibition on bringing a class action is a remedy provision and not merely procedural.