(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.