§ 13-25a-107 — Private action.

(1) In addition to any other remedies, a person may bring an action in any state court of competent jurisdiction if:

(1)(a) (1)(a)(i) the person has received two or more telephone solicitations or facsimile advertisements from the same individual or entity that:

(1)(a)(i)(A) violates this chapter; or
(1)(a)(i)(B) violates Title 47 U.S.C. 227; and
(1)(a)(ii) the person, following the first telephone solicitation or facsimile advertisement, notified the sender of the person's objection to receiving the telephone solicitation or facsimile advertisement; or
(1)(b) the person has received one telephone solicitation or facsimile advertisement in violation of:
(1)(b)(i) Subsection 13-25a-103(1);
(1)(b)(ii) Subsection 13-25a-103(3);
(1)(b)(iii) Subsection 13-25a-103(5);
(1)(b)(iv) Subsection 13-25a-103(6); or
(1)(b)(v) Subsection 13-25a-104(1).
(2) In a suit brought under Subsection (1):

(2)(a) a person may:
(2)(a)(i) recover the greater of $500 or the amount of the pecuniary loss, if any;
(2)(a)(ii) recover court costs and reasonable attorneys' fees as determined by the court; and
(2)(a)(iii) seek to enjoin any conduct in violation of this chapter; and
(2)(b) if the court finds that a violation was knowing and willful:
(2)(b)(i) the court may award an individual treble the amount of the individual's pecuniary loss; or
(2)(b)(ii) the court may award an individual the greater of $1,000 or treble the amount of the individual's pecuniary loss if:

(2)(b)(ii)(A) the individual who received the solicitation is an on-call emergency provider;
(2)(b)(ii)(B) the individual was on call at the time the violation occurred; and
(2)(b)(ii)(C) the individual had notified the sender that the individual is an on-call emergency provider.

Legislative History

Amended by Chapter 289, 2021 General Session