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Utah Code Title 13. Commerce and Trade § 13-25a-107. Private action

Current as of January 01, 2025 | Updated by Findlaw Staff

(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

(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).

(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.

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Cite this article: FindLaw.com - Utah Code Title 13. Commerce and Trade § 13-25a-107. Private action - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-13-commerce-and-trade/ut-code-sect-13-25a-107/

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