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House backs tougher state remedies for Do-Not-Call violations, aligning damages with federal law
Summary
House Bill 165 (telephone and facsimile solicitation amendments) passed 72–0 after sponsor Representative McHale said the measure allows treble damages consistent with federal law (47 U.S.C. §227) and members questioned proof and political-call exemptions.
Representative McHale opened debate on House Bill 165, describing the legislation as creating (or clarifying) a state cause of action to allow plaintiffs to recover treble statutory damages for knowing and willful violations of telemarketing rules, similar to federal protections. McHale cited nationwide recoveries under federal law and said the bill would let affected Utahns bring claims in state court.
Members asked technical questions about proof and scope. Representative Thurston asked whether treble damages require proof beyond the fact of an inappropriate call; McHale responded that the violation must be knowing and willful and said the bill references federal law (47 U.S.C. §227) and strict or statutory damages. Several members, including Representative Wheatley, asked about political calls; McHale said political speech remains protected and that the bill was not intended to apply to political calls.
Supporters described the bill as a consumer-protection tool that could encourage more enforcement, while critics (none recorded on final vote) were largely seeking clarifications about thresholds for recovery and the need for counsel to pursue statutory damages. The House approved HB 165 by a vote of 72 yes, 0 no; the bill will be transmitted to the Senate.
