Section 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) 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.Amended by Chapter 289, 2021 General Session ,§ 3, eff. 5/5/2021.Amended by Chapter 79, 2020 General Session ,§ 1, eff. 5/12/2020.Amended by Chapter 263, 2003 General Session.