Utah law makes it illegal to track someone without permission using a tracking device or a phone app. The law is Utah Code § 76-12-305. It was expanded in 2026, and the latest changes took effect on September 1, 2026. The law lets victims sue the person who tracked them.
Your Right to Sue
The law is broken when someone intentionally tracks you without your permission. It is also broken when someone keeps tracking you after you remove your permission and they keep tracking you. Examples of unlawful tracking include:
- Putting a tracking device on or in a car you own or lease, or having someone else do it.
- Putting a tracking device on you, or on or in belongings you own or control, such as a purse or backpack.
- Using an app on your phone or other device to track where you go.
What You Can Recover
If you prove your case, the law gives you several remedies:
- Court Order to Stop: The court can order the person to stop tracking you.
- Attorney Fees: If the tracking harmed you, the court can order the person to pay your reasonable attorney fees.
- Money Damages: If the tracking harmed you, you can recover money for your actual losses. Or you can choose a set amount instead. That amount is $50 for each day of unlawful tracking or $5,000, whichever is more. You can make this choice any time before the court’s final judgment.
- Punitive Damages: The court may also award extra damages to punish the wrongdoer, under Utah Code § 78B-8-201.
When Tracking Is Allowed
Not all tracking is illegal. The law allows tracking in certain situations if specific conditions are met:
- Law Enforcement: Police officers acting in their official role may track someone during a criminal investigation or under a court order.
- Parents and Guardians: A parent or legal guardian may track a child under 18. The child’s other parent or legal guardian must give permission. That permission continues after the child turns 18. It ends when the adult child clearly says the tracking must stop.
- Caregivers: A caregiver of a vulnerable adult may track that adult. Utah Code § 76-5-111 defines who counts as a vulnerable adult.
- Private Investigators: A licensed private investigator may put a tracking device on a car for a legitimate business purpose. This is not allowed if the owner, lessee, or someone living with them is protected by a protective order. Before placing the device, the investigator must check with a state agency about protective orders.
- Rental Companies & Vehicle Owners: A rental company may track its own cars that it rents out. A car owner may also track a car they let someone else use, unless the car is leased to that person.
- Consent: If you give someone permission to track you, then it is permitted
Protect Your Privacy with Head Law in Murray, Utah
If you think someone has tracked you without permission, you may have a claim under this law. Being tracked can be very upsetting. Head Law and Managing Attorney David Head represents clients in consumer rights, privacy, and other civil matters.
Do not let an invasion of privacy go unanswered. Contact Head Law to discuss your options.