Utah § 25a-107 - Private action.

Full text of Utah Utah Code § 25a-107 — Private action., with citation guidance and answers to common questions.

§ 25a-107. Private action.

Effective 5/5/2021
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.


Amended by Chapter 289, 2021 General Session

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Frequently Asked Questions About Utah § 25a-107

What does Utah Code § 25a-107 cover?

Section 25a-107 ("Private action.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 25a-107?

A common citation format is "Utah Code § 25a-107" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 25a-107 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.