Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 165 First Substitute (2020GS)

Sponsor

Rep. McKell, M.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• permits a court in a private action under the Telephone and Facsimile Solicitation Act to award a person treble the amount of the person's pecuniary loss under certain circumstances;
• repeals provisions related to a state no-call database;
• amends prohibitions against certain unsolicited telephone calls; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

TELEPHONE AND FACSIMILE SOLICITATION ACT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill amends the Telephone and Facsimile Solicitation Act.
Highlighted Provisions:
This bill:
▸ permits a court in a private action under the Telephone and Facsimile Solicitation
Act to award a person treble the amount of the person's pecuniary loss under certain
circumstances;
▸ repeals provisions related to a state no-call database;
▸ amends prohibitions against certain unsolicited telephone calls; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-25a-107
, as last amended by Laws of Utah 2003, Chapter 263
13-25a-108
, as last amended by Laws of Utah 2004, Chapter 263
REPEALS:
13-25a-109
, as last amended by Laws of Utah 2008, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-25a-107
 is amended to read:
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:
[
(a)
] 
(i)
 recover the greater of $500 or the amount of the pecuniary loss, if any;
[
(b)
] 
(ii)
 recover court costs and reasonable attorneys' fees as determined by the court;
and
[
(c)
] 
(iii)
 seek to enjoin any conduct in violation of this chapter[
.
]
; and
(b) the court may award a person treble the amount of the person's pecuniary loss, if the
court finds that a violation was knowing and willful.
Section 2. Section 
13-25a-108
 is amended to read:
13-25a-108.
Prohibited telephone solicitations.
(1)
 A person may not make or cause to be made an unsolicited telephone call [
within
Utah to a telephone number contained in the no-call database established under Section
13-25a-109
.
] 
to a person:
(a) located in the state; and
(b) (i) at a Utah telephone number contained in the national "do-not-call" registry
established and maintained by the Federal Trade Commission under 16 C.F.R.
310.4(b)(1)(iii)(B); or
(ii) at a non-Utah telephone number contained in the national "do-not-call" registry
established and maintained by the Federal Trade Commission under 16 C.F.R.
310.4(b)(1)(iii)(B), if the person making the call or causing the call to be made knows or
reasonably should know that the person receiving the call is in Utah.
(2) Each unsolicited telephone call made in violation of this section is a separate
violation.
Section 3. 
Repealer.
This bill repeals:
Section 
13-25a-109
,
No-call database.