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Index	Utah Code
Title 13	Commerce and Trade
Chapter 25a	Telephone and Facsimile Solicitation Act
Section 107	Private action. *(Effective 5/5/2021)*

Effective 5/5/2021
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)

(iv)	Subsection 13-25a-103(6); or

(v)	Subsection 13-25a-104(1).

(2)

In a suit brought under Subsection (1):

(a)

a person may:

(i)	recover the greater of $500 or the amount of the pecuniary loss, if any;

(ii)	recover court costs and reasonable attorneys' fees as determined by the court; and

(iii)

seek to enjoin any conduct in violation of this chapter; and

(b)

if the court finds that a violation was knowing and willful:

(i)	the court may award an individual treble the amount of the individual's pecuniary loss; or

(ii)

the court may award an individual the greater of $1,000 or treble the amount of the individual's pecuniary loss if:

(A)	the individual who received the solicitation is an on-call emergency provider;

(B)	the individual was on call at the time the violation occurred; and

(C)	the individual had notified the sender that the individual is an on-call emergency provider.

Amended by Chapter 289, 2021 General Session

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