37-24-48. Actions for damages--Attorney's fees and costs--Reduction of damages under certain circumstances.
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/sd/title-37/chapter-37-24/37-24-48A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The recipient of an unsolicited commercial e-mail advertisement, an electronic mail service provider, or the attorney general may bring an action against any person that violates § 37-24-42 , 37-24-44 , 37-24-45 , 37-24-46 , or 37-24-47 and may recover either or both of the following:
(1)Actual damages; or
(2)Liquidated damages of one thousand dollars for each unsolicited commercial e-mail advertisement transmitted in violation of such section, up to one million dollars per incident.
The recipient, an electronic mail service provider, or the attorney general, if the prevailing plaintiff, may also recover reasonable attorney's fees and costs.
However, there may be no cause of action under this section against an electronic mail service provider that is only involved in the routine transmission of the e-mail advertisement over its computer network.
If the court finds that the defendant established and implemented, with due care, practices and procedures reasonably designed to effectively prevent unsolicited commercial e-mail advertisements that are in violation of §§ 37-24-41 to 37-24-48 , inclusive, the court shall reduce the liquidated damages recoverable under this section to a maximum of one hundred dollars for each unsolicited commercial e-mail advertisement, or a maximum of one hundred thousand dollars per incident.