5.__Civil action; recipients.__Notwithstanding Title 5, section 213, a person who receives a commercial e-mail sent in violation of this section 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 section, 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 section, 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.

6.__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 section 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 section, 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 section, 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.__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 section.__An e-mail service provider