LD 255
pg. 3
Page 2 of 4 An Act to Control Internet "Spam" Page 4 of 4
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LR 13
Item 1

 
violation of this chapter may bring an action in an appropriate
state court for either or both of the following:

 
A.__An injunction to stop such future e-mails; and

 
B.__Recovery of actual damages from each violation or up
to $250 in damages for each violation, whichever is
greater.

 
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.

 
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.

 
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:

 
A.__An injunction to stop such future e-mails; and

 
B.__Recovery of actual damages from each violation or up
to $1,000 in damages for each violation, whichever is
greater.

 
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.

 
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.

 
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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