Privacy Law Library

Notice of Intent to Sell Nonpublic Personal Information Act

Utah NPI Notice Act

Other

Requires a commercial entity that may sell consumers' nonpublic personal information (such as SSN, creditworthiness, purchasing patterns, or preferences) to give a prescribed, conspicuous notice before collecting it. 2025 S.B. 150 limited coverage to entities with a staffed physical office in Utah and barred class actions.

Where
Utah
Citation
Utah Code Title 13, Chapter 37 (13-37-101 to 13-37-203)
Status
In force
Last amended
2025-05-07
Enforced by
None stated; private individual actions only
People can sue
Limited
Penalties
$500 for each failure to give notice plus court costs, in an individual action only (no class or representative actions), filed within one year of the transaction (13-37-203).
Applies to
  • A commercial entity that maintains a physical office in Utah and in the ordinary course transacts business there with Utah consumers (13-37-102(2), (6), as narrowed by 2025 S.B. 150)
  • That obtains nonpublic personal information in a consumer transaction and intends to disclose it to a third party for compensation that is the primary, direct consideration (13-37-201(1))
  • Excludes entities subject to a federal law governing disclosure of nonpublic information to third parties, HIPAA covered entities, and disclosures tied to services or value provided (13-37-201(4)-(5))

What a privacy notice must say

  • Give notice reading substantially: 'We may choose to disclose nonpublic personal information about you, the consumer, to a third party for compensation.'Utah Code 13-37-201(3)(a)
  • Notice must be written in dark bold (oral only if the whole transaction is oral) and conspicuous enough that a reasonable person would perceive it before providing the information.Utah Code 13-37-201(2)-(3)
  • Give the notice before the earlier of requesting the information or otherwise obtaining it.Utah Code 13-37-201(2)

Practices it requires

  • Do not disclose nonpublic personal information obtained on or after January 1, 2004 to a third party for compensation without compliant notice.Utah Code 13-37-202

Sources

Checked against these sources on 2026-09-23 by research agent (Claude), primary sources.

Unverified: Enacted by Laws of Utah 2003 ch. 97; the bill number and exact effective date were not looked up.

Research reference, not legal advice.