78B-6-2606. Civil action by parent or legal guardian.
(1) A parent or legal guardian of a minor that accesses obscene content on a device as a result of a manufacturer's failure to comply with of Sectionmay bring a private cause of action in court against the manufacturer. 78B-6-2602
(2) A person bringing an action under Subsection (1) may recover: actual damages; or where actual damages are difficult to ascertain due to the nature of the injury, $50,000 for each violation; if a violation is found to be knowing and willful, punitive damages in an amount determined by the court; nominal damages; attorney fees; and such other relief as the court deems appropriate, including court costs and expenses.
(3) Nothing herein shall preclude the bringing of a class action lawsuit against a manufacturer where the manufacturer's conduct in violation of Sectionis knowing and willful. 78B-6-2602
(4) A parent or legal guardian of a minor may bring an action against any person who is not the parent or legal guardian of the child and who disables the filter from a device in the possession of the child which results in the minor's exposure to obscene content.
(5) A person bringing an action under Subsection (4) may recover: actual damages; or where actual damages are difficult to ascertain due to the nature of the injury, $1,000 for each violation; and such other relief as the court deems appropriate.