Michigan Legislature

  (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.