(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.