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
Structure Michigan Compiled Laws
Chapter 445 - Trade and Commerce
Act 42 of 2003 - Unsolicited Commercial E-Mail Protection Act (445.2501 - 445.2508)
Section 445.2501 - Short Title.
Section 445.2502 - Definitions.
Section 445.2503 - Unsolicited Commercial E-Mail; Requirements.
Section 445.2504 - Unsolicited Commercial E-Mail; Prohibited Conduct; Policies and Records.
Section 445.2505 - Selling, Giving, or Distributing Software; Restrictions.
Section 445.2506 - Notice of Requirements; Dispute Resolution Process.
Section 445.2507 - Violation; Penalty; Separate Violations; Evidence; Defense.
Section 445.2508 - Civil Action; Recovery; Costs and Attorney Fees.