There Is a Newer Version
of
this Section
2020 Utah Code
Title 13 - Commerce and Trade
Chapter 25a - Telephone and Facsimile Solicitation Act
Section 107 - Private action.
Universal Citation:
UT Code § 13-25a-107 (2020)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
Effective 5/12/2020
13-25a-107. Private action.
Amended by Chapter 79, 2020 General Session
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
- (i) the person has received two or more telephone solicitations or facsimile advertisements from the same individual or entity that:
- (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).
- (a)
- (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) the court may award a person treble the amount of the person's pecuniary loss, if the court finds that a violation was knowing and willful.
- (a) a person may:
Amended by Chapter 79, 2020 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
