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California Business And Professions Code Section 17529.8

Legal Research Home > California Lawyer > Business and Professions Code > California Business And Professions Code Section 17529.8

(a) (1) In addition to any other remedies provided by this
article or by any other provisions of law, a recipient of an
unsolicited commercial e-mail advertisement transmitted in violation
of this article, an electronic mail service provider, or the Attorney
General may bring an action against an entity that violates any
provision of this article to recover either or both of the following:

   (A) Actual damages.
   (B) Liquidated damages of one thousand dollars ($1,000) for each
unsolicited commercial e-mail advertisement transmitted in violation
of Section 17529.2, up to one million dollars ($1,000,000) per
incident.
   (2) The recipient, an electronic mail service provider, or the
Attorney General, if the prevailing plaintiff, may also recover
reasonable attorney's fees and costs.
   (3) However, there shall not be a cause of action against an
electronic mail service provider that is only involved in the routine
transmission of the unsolicited commercial e-mail advertisement over
its computer network.
   (b) If the court finds that the defendant established and
implemented, with due care, practices and procedures reasonably
designed to effectively prevent unsolicited commercial e-mail
advertisements that are in violation of this article, the court shall
reduce the liquidated damages recoverable under subdivision (a) to a
maximum of one hundred dollars ($100) for each unsolicited
commercial e-mail advertisement, or a maximum of one hundred thousand
dollars ($100,000) per incident.

Last modified: January 12, 2009