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:
     (a) (i) the person has received two or more telephone solicitations or facsimile advertisements from the same individual or entity that:
     (A) violates this chapter; or
     (B) violates Title 47 U.S.C. 227; and
     (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
     (b) the person has received one telephone solicitation or facsimile advertisement in violation of:
     (i) Subsection 13-25a-103(1);
     (ii) Subsection 13-25a-103(3);
     (iii) Subsection 13-25a-103(5);
     (iv) Subsection 13-25a-103(6); or
     (v) Subsection 13-25a-104(1).
     (2) In a suit brought under Subsection (1), a person may:
     (a) recover the greater of $500 or the amount of the pecuniary loss, if any;
     (b) recover court costs and reasonable attorneys' fees as determined by the court; and
     (c) seek to enjoin any conduct in violation of this chapter.

Amended by Chapter 263, 2003 General Session
Download Code Section Zipped WordPerfect 13_25a010700.ZIP 2,196 Bytes

Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page

Last revised: Thursday, May 01, 2008