Civil action by parent or legal guardian

(1) A parent or legal guardian of a minor that accesses obscene content on a device as a result of a manufacturer's failure to comply with of Section 78B-6-2602 may bring a private cause of action in court against the manufacturer. (2) A person bringing an action under Subsection (1) may recover: (a) (i) actual damages; or (ii) where actual damages are difficult to ascertain due to the nature of the injury, $50,000 for each violation; (b) if a violation is found to be knowing and willful, punitive damages in an amount determined by the court; (c) nominal damages; (d) attorney fees; and (e) such other relief as the court deems appropriate, including court costs and expenses. (3) Nothing herein shall preclude the bringing of a class action lawsuit against a manufacturer where the manufacturer's conduct in violation of Section 78B-6-2602 is knowing and willful. (4) A parent or legal guardian of a minor may bring an action against any person who is not the parent or legal guardian of the child and who disables the filter from a device in the possession of the child which results in the minor's exposure to obscene content. (5) A person bringing an action under Subsection (4) may recover: (a) (i) actual damages; or (ii) where actual damages are difficult to ascertain due to the nature of the injury, $1,000 for each violation; and (b) such other relief as the court deems appropriate.