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Section 445.2508 Civil Action; Recovery; Costs and Attorney Fees.

MI Comp L § 445.2508 (2019) (N/A)
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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

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Section 445.2507 Violation; Penalty; Separate Violations; Evidence; Defense.
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