Civil action for violation.

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  6. Civil action for violation.

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  • (1) For a violation of Section 13-39-202, an action may be brought by:
    • (a) a user of a contact point or domain name registered with the division under Section 13-39-201; or
    • (b) a legal guardian of a user described in Subsection (1)(a).
  • (2) In each action under Subsection (1):
    • (a) a person described in Subsection (1) may recover the greater of:
      • (i) actual damages; or
      • (ii) $1,000 for each communication sent in violation of Section 13-39-202; and
    • (b) the prevailing party shall be awarded costs and reasonable attorney fees.




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