Utah Code 13-25a-107. Private action
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(1) In addition to any other remedies, a person may bring an action in any state court of competent jurisdiction if:
Terms Used In Utah Code 13-25a-107
- Advertisement: means material offering for sale, or advertising the availability or quality of, any property, good, or service. See Utah Code 13-25a-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- On-call emergency provider: means an individual who is required by an employer to be on call to respond to a medical emergency. See Utah Code 13-25a-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Telephone solicitation: means the initiation of a telephone call or message for a commercial purpose or to seek a financial donation, including calls:(8)(a) encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization;(8)(b) soliciting a sale of or extension of credit for property or services to the person called;(8)(c) soliciting information that will be used for:(8)(c)(i) the direct solicitation of a sale of property or services to the person called; or(8)(c)(ii) an extension of credit to the person called for a sale of property or services;(8)(d) soliciting a charitable contribution; or(8)(e) encouraging the person called to sell real or personal property. See Utah Code 13-25a-102
(1)(a)
(1)(a)(i) the person has received two or more telephone solicitations or facsimile advertisements from the same individual or entity that:
(1)(a)(i)(A) violates this chapter; or
(1)(a)(i)(B) violates Title 47 U.S.C. § 227; and
(1)(a)(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
(1)(b) the person has received one telephone solicitation or facsimile advertisement in violation of:
(1)(b)(i) Subsection 13-25a-103(1);
(1)(b)(ii) Subsection 13-25a-103(3);
(1)(b)(iii) Subsection 13-25a-103(5);
(1)(b)(iv) Subsection 13-25a-103(6); or
(1)(b)(v) Subsection 13-25a-104(1).
(2) In a suit brought under Subsection (1):
(2)(a) a person may:
(2)(a)(i) recover the greater of $500 or the amount of the pecuniary loss, if any;
(2)(a)(ii) recover court costs and reasonable attorneys’ fees as determined by the court; and
(2)(a)(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:
(2)(b)(i) the court may award an individual treble the amount of the individual’s pecuniary loss; or
(2)(b)(ii) the court may award an individual the greater of $1,000 or treble the amount of the individual’s pecuniary loss if:
(2)(b)(ii)(A) the individual who received the solicitation is an on-call emergency provider;
(2)(b)(ii)(B) the individual was on call at the time the violation occurred; and
(2)(b)(ii)(C) the individual had notified the sender that the individual is an on-call emergency provider.