13-40-401 - Phishing and pharming violations.
13-40-401. Phishing and pharming violations.
(1) A civil action against a person who violates any provision of Part 2, Phishing andPharming, may be filed by:
(a) an Internet service provider that is adversely affected by the violation;
(b) an owner of a webpage, computer server, or a trademark that is used withoutauthorization in the violation; or
(c) the attorney general.
(2) A person permitted to bring a civil action under Subsection (1) may obtain eitheractual damages for a violation of this chapter or a civil penalty not to exceed $150,000 perviolation of Part 2, Phishing and Pharming.
(3) A violation of Part 2, Phishing and Pharming, by a state-chartered or licensedfinancial institution is enforceable exclusively by the financial institution's primary stateregulator.
Repealed and Re-enacted by Chapter 200, 2010 General Session