13-72b-305. Heightened pleading standard for actions against covered platforms.
(1) In any action brought under Sectionagainst 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-303 13-72b-304
(2) To meet the pleading requirements of Subsection, the plaintiff shall include specific factual allegations demonstrating that the covered platform does not qualify for safe harbor protection under Section, including facts showing one or more of the following: (1) 13-72b-304 that the covered platform failed to implement notice and removal procedures that comply with Section; 13-72b-302 that the covered platform failed to act in good faith in responding to notices of non-consensual counterfeit intimate images; if the plaintiff provided notice under Section: 13-72b-302 the specific date and method by which notice was provided; the content of the notice provided; the covered platform's response or failure to respond; and facts establishing that the covered platform failed to comply with the takedown requirements in Section; or 13-72b-302 if the plaintiff did not provide notice under Section: 13-72b-302 facts establishing that the covered platform had actual knowledge of the non-consensual counterfeit intimate image before the plaintiff provided notice; and 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: dismiss the action with prejudice; and award the covered platform reasonable attorney fees and costs incurred in bringing the motion to dismiss the amended complaint.