Enrolled Copy S.B. 150
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Nonpublic Personal Information Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: Anthony E. Loubet
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LONG TITLE
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General Description:
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This bill addresses the Notice of Intent to Sell Nonpublic Personal Information Act.
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Highlighted Provisions:
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This bill:
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▸ modifies definitions;
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▸ clarifies that the liability and remedy under the Notice of Intent to Sell Nonpublic
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Personal Information Act (act) is an individual action and not a class action or action in
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a representative capacity;
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▸ addresses the statute or limitations;
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▸ finds that the act's prohibition of class actions since January 1, 2004, is a remedy
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provision and not procedural; and
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▸ makes technical and conforming amendments.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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13-37-102, as enacted by Laws of Utah 2003, Chapter 97
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13-37-203, as enacted by Laws of Utah 2003, Chapter 97
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 13-37-102 is amended to read:
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13-37-102 . Definitions. S.B. 150 Enrolled Copy
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As used in this chapter:
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(1) "Affiliate" means a person that controls, is controlled by, or is under common control
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with:
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(a) a commercial entity; and
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(b)(i) directly; or
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(ii) indirectly through one or more intermediaries.
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(2)(a) Subject to Subsection (2)(b), "commercial entity" means a person that:
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[(i) has an office or other place of business located in the state; and]
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[(ii) in the ordinary course of business transacts a consumer transaction in this state.]
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(i) maintains a physical office in the state; and
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(ii) in the ordinary course transacts business at the physical office with consumers
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located in the state.
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(b) "Commercial entity" does not include:
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(i) a governmental entity; or
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(ii) an entity providing services on behalf of a governmental entity.
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(3) "Compensation" means anything of economic value that is paid or transferred to a
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commercial entity for or in direct consideration of the disclosure of nonpublic personal
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information.
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(4)(a) "Consumer transaction" means:
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(i) a sale, lease, assignment, award by chance, or other written or oral transfer or
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disposition:
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(A) that is initiated or completed in this state; and
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(B) of:
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(I) goods;
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(II) services; or
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(III) other tangible or intangible property, except securities and insurance or
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services related thereto; or
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(ii) a transaction:
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(A) that is initiated or completed in this state; and
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(B) that constitutes credit offered or extended by a commercial entity to a person
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primarily for personal, family, or household purposes.
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(b) "Consumer transaction" includes:
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(i) the use of nonpublic personal information in relation to a transaction with a person
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if the transaction is for primarily personal, family, or household purposes; and
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(ii) with respect to any transaction described in Subsection (4)(a):
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(A) an offer or solicitation;
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(B) an agreement;
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(C) the performance of an agreement; or
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(D) a charitable solicitation as defined in Section 13-11-3.
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(c) "Consumer transaction" does not include a transaction related to real property.
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(5)(a) "Nonpublic personal information" means information that:
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(i) is not public information; and
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(ii) either alone or in conjunction with public information, identifies a person in
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distinction from other persons.
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(b) "Nonpublic personal information" includes:
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(i) a person's Social Security number;
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(ii) information used to determine a person's credit worthiness including a person's:
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(A) income; or
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(B) employment history;
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(iii) the purchasing patterns of a person; or
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(iv) the personal preferences of a person.
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(6)(a) "Physical office" means a location:
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(i) accessible to the public during normal business hours;
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(ii) staffed by one or more individuals who conduct business on behalf of the
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commercial entity; and
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(iii) used for the primary purpose of transacting business with consumers in the state.
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(b) "Physical office" does not include a post office box, mailing address, registered
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agent, or virtual office that a person solely relies on for business correspondence.
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[(6)] (7) "Public information" means a person's:
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(a) name;
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(b) telephone number; or
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(c) street address.
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[(7)] (8)(a) Subject to Subsection [(7)(b)] (8)(b), "third party" means a person other than
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the commercial entity that obtains nonpublic personal information.
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(b) "Third party" does not include an affiliate or agent of the commercial entity that
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obtains nonpublic personal information.
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Section 2. Section 13-37-203 is amended to read:
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13-37-203 . Liability and remedy.
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(1) [A ] As a person's only remedy under this chapter, a person may bring an individual
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action, not a class action or act in a representative capacity, against a commercial entity
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in a [court of competent jurisdiction in this state] federal or state court with jurisdiction if:
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(a) the commercial entity enters into a consumer transaction with that person;
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(b) as a result of the consumer transaction described in Subsection (1)(a), the
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commercial entity obtains nonpublic personal information concerning that person; and
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(c) the commercial entity violates this chapter.
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(2) In an action brought under Subsection (1), a commercial entity that violates this chapter
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is liable to the person individually, but not to a class or to a person in a representative
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capacity, who brings the action for:
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(a) $500 for each time the commercial entity fails to provide the notice required by this
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section in relation to the nonpublic personal information of the person who brings the
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action; and
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(b) court costs.
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(3) An action for a violation of this chapter may only be brought in accordance with Section
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78B-2-302 within one year from the day of the consumer transaction at issue.
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(4) The Legislature finds that since January 1, 2004, the prohibition on bringing a class
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action is a remedy provision and not merely procedural.
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[(3) A person may not bring a class action under this chapter.]
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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