Current through the 2024 Fourth Special Session
Section 63D-3-105 - Remedies(1) A person who brings a civil action against an individual for a violation of Section 63D-3-104 may: (a) recover actual damages, including the person's:(ii) economic damages; and(iii) reasonable cost of remediation efforts related to the violation;(b) recover consequential damages, including for interruption of service;(c) recover, from the individual, the individual's profit obtained through trafficking in anything obtained by the individual through the violation;(d) obtain injunctive or other equitable relief to prevent a future violation of Section 63D-3-104; and(e) recover anything the individual obtained through the violation, including:(i) misappropriated information or code;(ii) a misappropriated program; and(iii) any copies of the information, code, or program described in Subsections (1)(e)(i) and (1)(e)(ii).(2) A court shall award reasonable attorney fees to the prevailing party in any action arising under this part.(3) The remedies available for a violation of Section 63D-3-104 are in addition to remedies otherwise available for the same conduct under federal or state law.(4) A person may not file a civil action under Section 63D-3-104 later than three years after the day on which: (a) the violation occurred; or(b)(i) the person discovers the violation; or(ii) the person should have discovered the violation if the person acted with reasonable diligence to discover the violation.Added by Chapter 209, 2016 General Session ,§ 5, eff. 5/10/2016.