5/5/2021Amended by Chapter 289, 2021 General Session2021Private action. In addition to any other remedies, a person may bring an action in any state court of competent jurisdiction if: the person has received two or more telephone solicitations or facsimile advertisements from the same individual or entity that: violates this chapter; or violates Title 47 U.S.C. 227; and 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 the person has received one telephone solicitation or facsimile advertisement in violation of: Subsection 13-25a-103(1); Subsection 13-25a-103(3); Subsection 13-25a-103(5); Subsection 13-25a-103(6); or Subsection 13-25a-104(1). In a suit brought under Subsection (1): a person may: recover the greater of $500 or the amount of the pecuniary loss, if any; recover court costs and reasonable attorneys' fees as determined by the court; and seek to enjoin any conduct in violation of this chapter; and if the court finds that a violation was knowing and willful: the court may award an individual treble the amount of the individual's pecuniary loss; or the court may award an individual the greater of $1,000 or treble the amount of the individual's pecuniary loss if: the individual who received the solicitation is an on-call emergency provider; the individual was on call at the time the violation occurred; and the individual had notified the sender that the individual is an on-call emergency provider.