Utah Code Ann. § 13-25a-107
§ 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 person may:
(a)
recover the greater of $ 500 or the amount of the pecuniary loss, if any;
(b)
recover court costs and reasonable attorneys' fees as determined by the court; and
(c)
seek to enjoin any conduct in violation of this chapter.
Utah Code Ann. § 13-25a-107.2
§ 13-25a-107.2. Requests to a specific telephone solicitor.
(1) a telephone solicitor may not make or cause to be made a telephone solicitation to a person who has
informed the telephone solicitor, either in writing or orally, that the person does not wish to receive a
telephone call from the telephone solicitor.
(2) a telephone solicitor is not liable for a violation of this section if the telephone solicitor complies
with 16 C.F.R. Part 310.4(b)(3) and (4).
