(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) In a suit brought under Subsection (1), a person may:

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