(1) In any action brought under Section 13-72b-303 against a covered platform, the complaint shall plead with particularity facts establishing that the covered platform does not qualify for safe harbor protection under Section 13-72b-304.
(2) To meet the pleading requirements of Subsection (1), the plaintiff shall include specific factual allegations demonstrating that the covered platform does not qualify for safe harbor protection under Section 13-72b-304, including facts showing one or more of the following:
(a) that the covered platform failed to implement notice and removal procedures that comply with Section 13-72b-302;
(b) that the covered platform failed to act in good faith in responding to notices of non-consensual counterfeit intimate images;
(c) if the plaintiff provided notice under Section 13-72b-302:
(i) the specific date and method by which notice was provided;
(ii) the content of the notice provided;
(iii) the covered platform's response or failure to respond; and
(iv) facts establishing that the covered platform failed to comply with the takedown requirements in Section 13-72b-302; or
(d) if the plaintiff did not provide notice under Section 13-72b-302:
(i) facts establishing that the covered platform had actual knowledge of the non-consensual counterfeit intimate image before the plaintiff provided notice; and
(ii) facts establishing that the covered platform failed to take reasonable steps to remove the image within 48 hours after obtaining actual knowledge.
(3) General or conclusory allegations that a covered platform violated this part are insufficient to state a claim.
(4) If a complaint fails to meet the pleading requirements of this section, the court shall dismiss the action without prejudice.
(5) A covered platform may bring a motion to dismiss under this section before filing an answer or other responsive pleading.
(6) If the court grants a motion to dismiss under this section and the plaintiff files an amended complaint that again fails to meet the pleading requirements of this section, the court shall:
(a) dismiss the action with prejudice; and
(b) award the covered platform reasonable attorney fees and costs incurred in bringing the motion to dismiss the amended complaint.