37-24-48 Actions for damages--Attorney's fees and costs--Reduction of damages under certain circums...
Actions for damages--Attorney's fees and costs--Reduction of damages under
The recipient of an unsolicited commercial e-mail advertisement, an
electronic mail service provider, or the attorney general may bring an action against any person that
violates §37-24-42, 37-24-44, 37-24-45, 37-24-46, or 37-24-47 and may recover either or both of
Actual damages; or
Liquidated damages of one thousand dollars for each unsolicited commercial e-mail
advertisement transmitted in violation of such section, up to one million dollars per
The recipient, an electronic mail service provider, or the attorney general, if the prevailing
plaintiff, may also recover reasonable attorney's fees and costs.
However, there may be no cause of action under this section against an electronic mail service
provider that is only involved in the routine transmission of the e-mail advertisement over its
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 §§ 37-24-41 to 37-24-48, inclusive, the court shall reduce the liquidated
damages recoverable under this section to a maximum of one hundred dollars for each unsolicited
commercial e-mail advertisement, or a maximum of one hundred thousand dollars per incident.
Source: SL 2007, ch 226, § 8.