§ 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

(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 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