Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 150 (2025GS)

Sponsor

Sen. Cullimore, Kirk A.

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies definitions;
• clarifies that the liability and remedy under the Notice of Intent to Sell Nonpublic Personal Information Act (act) is an individual action and not a class action or action in a representative capacity;
• addresses the statute or limitations;
• finds that the act's prohibition of class actions since January 1, 2004, is a remedy provision and not procedural; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

5
13-37-102
13-37-203
Nonpublic Personal Information Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: Anthony E. Loubet
LONG TITLE
General Description:
This bill addresses the Notice of Intent to Sell Nonpublic Personal Information Act.
Highlighted Provisions:
This bill:
modifies definitions;
clarifies that the liability and remedy under the Notice of Intent to Sell Nonpublic 
Personal Information Act (act) is an individual action and not a class action or action in 
a representative capacity;
addresses the statute or limitations;
finds that the act's prohibition of class actions since January 1, 2004, is a remedy 
provision and not procedural; and
makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-37-102
, as enacted by Laws of Utah 2003, Chapter 97
13-37-203
, as enacted by Laws of Utah 2003, Chapter 97
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
13-37-102
 is amended to read:
13-37-102. Definitions.
As used in this chapter:
(1)
"Affiliate" means a person that controls, is controlled by, or is under common control 
with:
(a)
a commercial entity; and
(b)
(i)
directly; or
(ii)
indirectly through one or more intermediaries.
(2)
(a)
Subject to Subsection 
(2)(b)
, "commercial entity" means a person that:
(i)
has an office or other place of business located in the state; and
(ii)
in the ordinary course of business transacts a consumer transaction in this state.
(i)
maintains a physical office in the state; and
(ii)
in the ordinary course transacts business at the physical office with consumers 
located in the state.
(b)
"Commercial entity" does not include:
(i)
a governmental entity; or
(ii)
an entity providing services on behalf of a governmental entity.
(3)
"Compensation" means anything of economic value that is paid or transferred to a 
commercial entity for or in direct consideration of the disclosure of nonpublic personal 
information.
(4)
(a)
"Consumer transaction" means:
(i)
a sale, lease, assignment, award by chance, or other written or oral transfer or 
disposition:
(A)
that is initiated or completed in this state; and
(B)
of:
(I)
goods;
(II)
services; or
(III)
other tangible or intangible property, except securities and insurance or 
services related thereto; or
(ii)
a transaction:
(A)
that is initiated or completed in this state; and
(B)
that constitutes credit offered or extended by a commercial entity to a person 
primarily for personal, family, or household purposes.
(b)
"Consumer transaction" includes:
(i)
the use of nonpublic personal information in relation to a transaction with a person 
if the transaction is for primarily personal, family, or household purposes; and
(ii)
with respect to any transaction described in Subsection 
(4)(a)
:
(A)
an offer or solicitation;
(B)
an agreement;
(C)
the performance of an agreement; or
(D)
a charitable solicitation as defined in Section 
13-11-3
.
(c)
"Consumer transaction" does not include a transaction related to real property.
(5)
(a)
"Nonpublic personal information" means information that:
(i)
is not public information; and
(ii)
either alone or in conjunction with public information, identifies a person in 
distinction from other persons.
(b)
"Nonpublic personal information" includes:
(i)
a person's Social Security number;
(ii)
information used to determine a person's credit worthiness including a person's:
(A)
income; or
(B)
employment history;
(iii)
the purchasing patterns of a person; or
(iv)
the personal preferences of a person.
(6)
(a)
"Physical office" means a location:
(i)
accessible to the public during normal business hours;
(ii)
staffed by one or more individuals who conduct business on behalf of the 
commercial entity; and
(iii)
used for the primary purpose of transacting business with consumers in the state.
(b)
"Physical office" does not include a post office box, mailing address, registered 
agent, or virtual office that a person solely relies on for business correspondence.
(6)
(7)
"Public information" means a person's:
(a)
name;
(b)
telephone number; or
(c)
street address.
(7)
(8)
(a)
Subject to Subsection 
(7)(b)
(8)(b)
, "third party" means a person other than 
the commercial entity that obtains nonpublic personal information.
(b)
"Third party" does not include an affiliate or agent of the commercial entity that 
obtains nonpublic personal information.
Section 2, Section 
13-37-203
 is amended to read:
13-37-203. Liability and remedy.
(1)
A 
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 
court of competent jurisdiction in this state
federal or state court with jurisdiction
 if:
(a)
the commercial entity enters into a consumer transaction with that person;
(b)
as a result of the consumer transaction described in Subsection 
(1)(a)
, the 
commercial entity obtains nonpublic personal information concerning that person; and
(c)
the commercial entity violates this chapter.
(2)
In an action brought under Subsection 
(1)
, 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:
(a)
$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
(b)
court costs.
(3)
An action for a violation of this chapter may only be brought in accordance with Section 
78B-2-302
 within one year from the day of the consumer transaction at issue.
(4)
The Legislature finds that since January 1, 2004, the prohibition on bringing a class 
action is a remedy provision and not merely procedural.
(3)
A person may not bring a class action under this chapter.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-4-25 3:59 PM