There Is a Newer Version
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2021 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 (2021)
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on the American Association of Law Libraries Universal Citation Guide and is not
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Effective 5/5/2021
13-25a-107. Private action.
Amended by Chapter 289, 2021 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) 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.
- (a) a person may:
Amended by Chapter 289, 2021 General Session
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