(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).
(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
(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
(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).
(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.
(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.