1. (1) In addition to any other remedies, a person may bring an action in any state court of competent jurisdiction if:

   1. (a)

      1. (i) the person has received two or more telephone solicitations or facsimile advertisements from the same individual or entity that:

         1. (A) violates this chapter; or
         2. (B) violates Title 47 U.S.C. 227; and
      2. (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

   2. (b) the person has received one telephone solicitation or facsimile advertisement in violation of:

      1. (i) Subsection 13-25a-103(1);
      2. (ii) Subsection 13-25a-103(3);
      3. (iii) Subsection 13-25a-103(5);
      4. (iv) Subsection 13-25a-103(6); or
      5. (v) Subsection 13-25a-104(1).

2. (2) In a suit brought under Subsection (1):

   1. (a) a person may:

      1. (i) recover the greater of $500 or the amount of the pecuniary loss, if any;
      2. (ii) recover court costs and reasonable attorneys' fees as determined by the court; and
      3. (iii) seek to enjoin any conduct in violation of this chapter; and

   2. (b) if the court finds that a violation was knowing and willful:

      1. (i) the court may award an individual treble the amount of the individual's pecuniary loss; or

      2. (ii) the court may award an individual the greater of $1,000 or treble the amount of the individual's pecuniary loss if:

         1. (A) the individual who received the solicitation is an on-call emergency provider;
         2. (B) the individual was on call at the time the violation occurred; and
         3. (C) the individual had notified the sender that the individual is an on-call emergency provider.

Amended by Chapter 289, 2021 General Session