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violation of this chapter may bring an action in an appropriate | state court for either or both of the following: |
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| A.__An injunction to stop such future e-mails; and |
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| B.__Recovery of actual damages from each violation or up | to $250 in damages for each violation, whichever is | greater. |
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| If the court finds there has been a violation of this chapter, | the court shall award the petitioner reasonable attorney's | fees and costs incurred in connection with the action. |
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| If the court finds that the defendant willfully or knowingly | violated this chapter, the court may, in its discretion, | increase the amount of the award to an amount equal to not | more than 3 times the amount available under paragraph B. |
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| | 7.__Civil action; e-mail service providers.__Notwithstanding | Title 5, section 213, an e-mail service provider through whose | service is sent a commercial e-mail in violation of this | chapter may bring an action in an appropriate state court for | either or both of the following: |
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| A.__An injunction to stop such future e-mails; and |
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| B.__Recovery of actual damages from each violation or up | to $1,000 in damages for each violation, whichever is | greater. |
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| If the court finds there has been a violation of this chapter, | the court shall award the petitioner reasonable attorney's | fees and costs incurred in connection with the action. |
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| If the court finds that the defendant willfully or knowingly | violated this chapter, the court may, in its discretion, | increase the amount of the award to an amount equal to not | more than 3 times the amount available under paragraph B. |
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| | 8.__Immunity.__An e-mail service provider may, upon its own | initiative, block the receipt or transmission through its | service of any commercial e-mail that it reasonably believes | is or will be sent in violation of this chapter.__An e-mail | service provider is not liable for any action taken in good | faith to block the receipt or transmission through its service | of any commercial e-mail that it reasonably believes is or | will be sent in violation of this chapter. |
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