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7 LONG TITLE
8 General Description:
9 This bill amends penalties in the Telephone and Facsimile Solicitation Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms; and
13 ▸ enhances penalties for a violator of the Telephone and Facsimile Solicitation Act if
14 the violator solicits an on-call emergency provider while the on-call emergency
15 provider is on call.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 13-25a-102, as last amended by Laws of Utah 2003, Chapter 263
23 13-25a-105, as last amended by Laws of Utah 2005, Chapter 18
24 13-25a-107, as last amended by Laws of Utah 2020, Chapter 79
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 13-25a-102 is amended to read:
28 13-25a-102. Definitions.
29 As used in this chapter:
30 (1) "Advertisement" means material offering for sale, or advertising the availability or
31 quality of, any property, goods, or services.
32 (2) (a) "Automated telephone dialing system" means equipment used to:
33 (i) store or produce telephone numbers;
34 (ii) call a stored or produced number; and
35 (iii) connect the number called with a recorded message or artificial voice.
36 (b) "Automated telephone dialing system" does not include equipment used with a
37 burglar alarm system, voice messaging system, fire alarm system, or other system used in an
38 emergency involving the immediate health or safety of a person.
39 (3) "Division" means the Division of Consumer Protection in the Department of
40 Commerce.
41 (4) (a) "Established business relationship" means a relationship that:
42 (i) is based on inquiry, application, purchase, or transaction regarding products or
43 services offered;
44 (ii) is formed by a voluntary two-way communication between a person making a
45 telephone solicitation and a person to whom a telephone solicitation is made; and
46 (iii) has not been terminated by:
47 (A) an act by either party; or
48 (B) the passage of 18 months since the most recent inquiry, application, purchase,
49 transaction, or voluntary two-way communication.
50 (b) "Established business relationship" includes a relationship with an affiliate as
51 defined in Section 16-10a-102.
52 (5) "Facsimile machine" means equipment used for:
53 (a) scanning or encoding text or images for conversion into electronic signals for
54 transmission; or
55 (b) receiving electronic signals and reproducing them as a duplicate of the original text
56 or image.
57 (6) "Negative response" means a statement from a party stating the party does not wish
58 to listen to the sales presentation or participate in the solicitation presented in the telephone
59 call.
60 (7) "On-call emergency provider" means an individual who is required by an employer
61 to be on call to respond to a medical emergency.
62 [
63 for a commercial purpose or to seek a financial donation, including calls:
64 (a) encouraging the purchase or rental of, or investment in, property, goods, or services,
65 regardless of whether the transaction involves a nonprofit organization;
66 (b) soliciting a sale of or extension of credit for property or services to the person
67 called;
68 (c) soliciting information that will be used for:
69 (i) the direct solicitation of a sale of property or services to the person called; or
70 (ii) an extension of credit to the person called for a sale of property or services; or
71 (d) soliciting a charitable donation involving the exchange of any premium, prize, gift,
72 ticket, subscription, or other benefit in connection with any appeal made for a charitable
73 purpose.
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75 partnership, association, or corporation who makes or causes to be made an unsolicited
76 telephone call, including calls made by use of an automated telephone dialing system.
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78 purpose or to seek a financial donation other than a call made:
79 (a) in response to an express request of the person called;
80 (b) primarily in connection with an existing debt or contract, payment or performance
81 of which has not been completed at the time of the call;
82 (c) to any person with whom the telephone solicitor has an established business
83 relationship; or
84 (d) as required by law for a medical purpose.
85 Section 2. Section 13-25a-105 is amended to read:
86 13-25a-105. Penalties -- Administrative and criminal.
87 (1) Any person who violates this chapter is subject to:
88 (a) a cease and desist order; and
89 (b) an administrative fine of not less than $100 or more than $2,500 for each separate
90 violation.
91 (2) Any person who violates this chapter by soliciting an on-call emergency provider
92 while the on-call emergency provider is on call is subject to:
93 (a) a cease and desist order; and
94 (b) an administrative fine of not less than $1,000 or more than $2,500 for each separate
95 violation.
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97 Consumer Protection Education and Training Fund created in Section 13-2-8.
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99 A misdemeanor and may be fined up to $2,500.
100 (5) A person intentionally violates this chapter if the violation occurs after the division,
101 attorney general, or a district or county attorney notifies the person by certified mail that [
102 the person is in violation of this chapter.
103 Section 3. Section 13-25a-107 is amended to read:
104 13-25a-107. Private action.
105 (1) In addition to any other remedies, a person may bring an action in any state court of
106 competent jurisdiction if:
107 (a) (i) the person has received two or more telephone solicitations or facsimile
108 advertisements from the same individual or entity that:
109 (A) violates this chapter; or
110 (B) violates Title 47 U.S.C. 227; and
111 (ii) the person, following the first telephone solicitation or facsimile advertisement,
112 notified the sender of the person's objection to receiving the telephone solicitation or facsimile
113 advertisement; or
114 (b) the person has received one telephone solicitation or facsimile advertisement in
115 violation of:
116 (i) Subsection 13-25a-103(1);
117 (ii) Subsection 13-25a-103(3);
118 (iii) Subsection 13-25a-103(5);
119 (iv) Subsection 13-25a-103(6); or
120 (v) Subsection 13-25a-104(1).
121 (2) In a suit brought under Subsection (1):
122 (a) a person may:
123 (i) recover the greater of $500 or the amount of the pecuniary loss, if any;
124 (ii) recover court costs and reasonable attorneys' fees as determined by the court; and
125 (iii) seek to enjoin any conduct in violation of this chapter; and
126 (b) [
127 the court finds that a violation was knowing and willful[
128 (i) the court may award an individual treble the amount of the individual's pecuniary
129 loss; or
130 (ii) the court may award an individual the greater of $1,000 or treble the amount of the
131 individual's pecuniary loss if:
132 (A) the individual who received the solicitation is an on-call emergency provider;
133 (B) the individual was on call at the time the violation occurred; and
134 (C) the individual had notified the sender that the individual is an on-call emergency
135 provider.