(a) The following persons shall have standing to assert a civil action under this part:
(1) Any e-mail service provider whose protected computer was used to send, receive, or transmit an e-mail that was sent in violation of this part; and
(2) A domain owner of any e-mail address to which a deceptive commercial e-mail is sent in violation of this part, provided that the domain owner also owns a protected computer at which the e-mail was received.
(b) Any person who has standing and who suffers personal, property, or economic damage by reason of a violation of any provision of this part may initiate a civil action for and recover the greater of:
(1) Five thousand dollars plus expenses of litigation and reasonable attorney's fees;
(2) Liquidated damages of $1,000.00 for each offending commercial e-mail, up to a limit of $2 million per incident, plus expenses of litigation and reasonable attorney's fees; or
(3) Actual damages, plus expenses of litigation and reasonable attorney's fees.
Section: Previous 16-9-100 16-9-101 16-9-102 16-9-103 16-9-104 16-9-105 16-9-106 16-9-107 NextLast modified: October 14, 2016