UNSOLICITED COMMERCIAL E-MAIL PROTECTION ACT (EXCERPT)
Act 42 of 2003
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:
(a) Actual damages.
(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.
History: 2003, Act 42, Eff. Sept. 1, 2003