Commercial Law – General Regulatory Provisions

Electronic Mail Fraud

SECTION 6-49-5

§ 6-49-5. Damages.

(a) Damages to a consumer resulting from the practices prohibited by this chapter are up to five hundred dollars ($500) per violation, or actual damages, whichever is greater.

(b) A person engaged in the business of providing internet access service to the public; an owner of a web page; or trademark owner adversely affected by reason of a violation of this chapter, may bring an action against a person who violates this chapter to:

(1) Enjoin further violations of this chapter; and

(2) Recover the greater of actual damages or five thousand dollars ($5,000) per violation of this chapter.

(c) The court may increase the damages up to three (3) times the damages allowed by this section if the defendant has engaged in a pattern and practice of violating this chapter. The court may award costs and reasonable attorneys' fees to a prevailing party.

History of Section.
(P.L. 2006, ch. 628, § 1; P.L. 2014, ch. 528, § 36.)