445.2508 Civil action; recovery; costs and attorney fees.
165 words·~1 min read·
/mi/chapter-445/445-2508A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
445.2508 Civil action; recovery; costs and attorney fees.
Sec. 8.
(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.
History: 2003, Act 42 , Eff. Sept. 1, 2003