(1) On and after July 1, 2002, violation of any provision of this part 9 constitutes a deceptive trade practice under the provisions of section 6-1-105 (1) and may be enforced under sections 6-1-110, 6-1-112, and 6-1-113. No state enforcement action under this part 9 may be brought against a person or entity for fewer than three violations per month.
(2) Notwithstanding subsection (1) of this section, it shall not be a violation of this part 9
if:
The person or entity has otherwise fully complied with the provisions of this part 9
and has established and implemented, prior to the violation, written practices and procedures to effectively prevent telephone solicitations in violation of this part 9; or
The violation resulted from an error in transcription or other technical defect, not thefault of the person or entity, that caused the information in the no-call list as received by the person or entity to differ from the information that was or should have been included in the nocall list as transmitted by the designated agent.
The remedies, duties, prohibitions, and penalties of this section are not exclusive andare in addition to all other causes of action, remedies, and penalties provided by law.
No provider of telephone caller identification service shall be held liable for violations of this part 9 committed by other persons or entities.
Source: L. 2001: Entire part added, p. 1460, § 1, effective August 8.