16-9-105. Civil actions.

The following persons shall have standing to assert a civil action under this part:#

1. (1)

   Any e-mail service provider whose protected computer was used to send, receive, or transmit an e-mail that was sent in violation of this part; and#

2. (2)

   A domain owner of any e-mail address to which a deceptive commercial e-mail is sent in violation of this part, provided that the domain owner also owns a protected computer at which the e-mail was received.#

Any person who has standing and who suffers personal, property, or economic damage by reason of a violation of any provision of this part may initiate a civil action for and recover the greater of:#

1. (1)

   Five thousand dollars plus expenses of litigation and reasonable attorney’s fees;#

2. (2)

   Liquidated damages of $1,000.00 for each offending commercial e-mail, up to a limit of $2 million per incident, plus expenses of litigation and reasonable attorney’s fees; or#

3. (3)

   Actual damages, plus expenses of litigation and reasonable attorney’s fees.#