13-25a-107 - Private action.
13-25a-107. Private action.
(1) In addition to any other remedies, a person may bring an action in any state court ofcompetent jurisdiction if:
(a) (i) the person has received two or more telephone solicitations or facsimileadvertisements 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 facsimileadvertisement; or
(b) the person has received one telephone solicitation or facsimile advertisement inviolation 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).
(2) In a suit brought under Subsection (1), a person may:
(a) recover the greater of $500 or the amount of the pecuniary loss, if any;
(b) recover court costs and reasonable attorneys' fees as determined by the court; and
(c) seek to enjoin any conduct in violation of this chapter.
Amended by Chapter 263, 2003 General Session