Michigan Laws 445.2508 – Civil action; recovery; costs and attorney fees
Current as of: 2024 | Check for updates
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(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.
Terms Used In Michigan Laws 445.2508
- Commercial e-mail: means an electronic message, file, data, or other information promoting the sale, lease, or exchange of goods, services, real property, or any other thing of value that is transmitted between 2 or more computers, computer networks, or electronic terminals or within a computer network. See Michigan Laws 445.2502
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- E-mail service provider: means a person that is an intermediary in the transmission of e-mail or provides to end users of e-mail service the ability to send and receive e-mail. See Michigan Laws 445.2502
- Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 445.2502
- Unsolicited: means without the recipient's express permission. See Michigan Laws 445.2502
(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.