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.
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