Private action.
Utah Code § 13-25a-107
in effect13-25a-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
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title13/Chapter25A/13-25a-S107.html?v=C13-25a-S107_2021050520210505Fetched: 10/26/2026