Civil action; recovery; costs and attorney fees.

Sec. 8. A civil action may be brought by a person who received an unsolicited commercial e-mail in violation of this act. A civil action may be brought by an e-mail service provider through whose facilities the unsolicited commercial e-mail was transmitted in violation of this act. A civil action may be brought by the attorney general against a person who has violated this act. In each action brought under this section, a recipient, e-mail service provider, or attorney general may recover 1 of the following: Actual damages. In lieu of actual damages, recover the lesser of the following: $500.00 per unsolicited commercial e-mail received by the recipient or transmitted through the e-mail service provider. $250,000.00 for each day that the violation occurs. The prevailing recipient or e-mail service provider shall be awarded actual costs and reasonable attorney fees. History: 2003, Act 42, Eff. Sept. 1, 2003