| | 4.__Prohibition.__A person receiving notification from a | recipient that the recipient does not wish to receive any more | unsolicited commercial e-mails from that person shall cease to | send unsolicited commercial e-mails to that recipient.__If a | recipient is the registered owner of more than one e-mail address | and notifies the sender of unsolicited commercial e-mails to | cease sending unsolicited commercial e-mails to all of the e-mail | addresses registered to that person or entity, the sender shall | cease to send unsolicited commercial e-mails to those addresses. |
|
| | 5.__Use of 3rd-party domain names.__A person may not: |
|
| A.__Send an unsolicited commercial e-mail that uses a 3rd | party's Internet address or domain name without the 3rd | party's consent; or |
|
| B.__Falsify the e-mail transmission information or other | routing information of an unsolicited commercial e-mail. |
|
| | 6.__Penalty.__ Violation of this chapter is an unfair trade | practice as prohibited by Title 5, section 207.__Each unsolicited | commercial e-mail transmission to a recipient in violation of | this chapter constitutes a separate violation.__The Attorney | General shall establish procedures for receiving and | investigating complaints of violations of this chapter.__The | procedures may include the development of electronic forms, | available over the Internet, by which a person may file a | complaint with the Attorney General alleging a violation of this | chapter. |
|
| | 7.__Civil action; recipients.__Notwithstanding Title 5, | section 213, a person who receives a commercial e-mail sent 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 | $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. |
|
|