Section 8-39-5 – Applicability of Chapter.
Section 8-39-5 Applicability of chapter. This chapter does not apply to any of the following: (1) Disposable assistive devices with a useful life of one year or less. (2) Batteries or nonfunctional accessories. (3) Assistive devices dispensed, sold, injected, or implanted by a licensed physician, licensed physician assistant, or any individual working with or for […]
Section 8-38-2 – Definitions.
Section 8-38-2 Definitions. For the purposes of this chapter, the following terms have the following meanings: (1) BREACH OF SECURITY or BREACH. The unauthorized acquisition of data in electronic form containing sensitive personally identifying information. Acquisition occurring over a period of time committed by the same entity constitutes one breach. The term does not include […]
Section 8-39-6 – Rights and Remedies of Consumer.
Section 8-39-6 Rights and remedies of consumer. (a) This chapter shall not limit rights or remedies available to a consumer under any other law. (b) Any waiver of rights by a consumer under this chapter shall be void. (c) In addition to pursuing any other remedy, a consumer may bring an action to recover any […]
Section 8-38-3 – Reasonable Security Measures; Assessment.
Section 8-38-3 Reasonable security measures; assessment. (a) Each covered entity and third-party agent shall implement and maintain reasonable security measures to protect sensitive personally identifying information against a breach of security. (b) Reasonable security measures means security measures practicable for the covered entity subject to subsection (c), to implement and maintain, including consideration of all […]
Section 8-38-4 – Investigation of Security Breach.
Section 8-38-4 Investigation of security breach. (a) If a covered entity determines that a breach of security has or may have occurred in relation to sensitive personally identifying information that is accessed, acquired, maintained, stored, utilized, or communicated by, or on behalf of, the covered entity, the covered entity shall conduct a good faith and […]
Section 8-38-5 – Notice of Security Breach – Individuals Affected.
Section 8-38-5 Notice of security breach – Individuals affected. (a) A covered entity that is not a third-party agent that determines under Section 8-38-4 that, as a result of a breach of security, sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person, and is reasonably […]
Section 8-38-6 – Notice of Security Breach – Attorney General.
Section 8-38-6 Notice of security breach – Attorney General. (a) If the number of individuals a covered entity is required to notify under Section 8-38-5 exceeds 1,000, the entity shall provide written notice of the breach to the Attorney General as expeditiously as possible and without unreasonable delay. Except as provided in subsection (c) of […]
Section 8-33-11 – Enforcement Provisions.
Section 8-33-11 Enforcement provisions. (a) The commissioner may conduct examinations of warrantors, administrators, or other persons to enforce this chapter and protect warranty holders in this state. Upon request of the commissioner, a warrantor shall make available to the commissioner all accounts, books, and records concerning vehicle protection products sold by the warrantor that are […]
Section 8-37-1 – (Effective January 1, 2018) Purpose; Applicability.
Section 8-37-1 (Effective January 1, 2018) Purpose; applicability. (a) The purpose of this chapter is to define guaranteed asset protection waivers (GAP waivers) and to provide that GAP waivers may be offered within this state. (b) This chapter does not apply to either of the following: (1) An insurance policy offered by an insurer under […]
Section 8-33-12 – Rules and Regulations.
Section 8-33-12 Rules and regulations. The commissioner may adopt such administrative rules consistent with this chapter as are necessary to implement this chapter. Such rules and regulations shall include disclosures for the benefit of the warranty holder, record keeping, and procedures for public complaints. Such rules and regulations shall also include the conditions under which […]