Utah Code 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:

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
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:

(a)	encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization;

(b)	soliciting a sale of or extension of credit for property or services to the person called;

(c)

soliciting information that will be used for:

(i)	the direct solicitation of a sale of property or services to the person called; or

(ii)	an extension of credit to the person called for a sale of property or services;

(d)	soliciting a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with any appeal made for a charitable purpose; or

(e)

encouraging the person called to sell real or personal property. See Utah Code 13-25a-102

(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)

(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