Current through Public Act 148 of the 2024 Legislative Session
Section 445.2508 - Civil action; recovery; costs and attorney fees(1) A civil action may be brought by a person who received an unsolicited commercial e-mail in violation of this act.(2) 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.(3) A civil action may be brought by the attorney general against a person who has violated this act.(4) In each action brought under this section, a recipient, e-mail service provider, or attorney general may recover 1 of the following:(b) In lieu of actual damages, recover the lesser of the following: (i) $500.00 per unsolicited commercial e-mail received by the recipient or transmitted through the e-mail service provider.(ii) $250,000.00 for each day that the violation occurs.(5) The prevailing recipient or e-mail service provider shall be awarded actual costs and reasonable attorney fees.Added by 2003, Act 42, s 8, eff. 9/1/2003.