---
title: O.C.G.A. § 16-9-105. Civil actions.
collection: code
id: 16-9-105
cite_as: O.C.G.A. § 16-9-105 (2025)
canonical_url: https://georgiacommons.org/code/16-9-105
md_url: https://georgiacommons.org/code/16-9-105.md
text_url: https://georgiacommons.org/code/16-9-105/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch7-11-(v14a)-2018-pdf.pdf?sfvrsn=aecbfe9c_0#page=560
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / FORGERY AND FRAUDULENT PRACTICES / COMPUTER SYSTEMS PROTECTION / SPAM E-MAIL
---

# O.C.G.A. § 16-9-105. Civil actions.

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

(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) 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.

(b) 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) Five thousand dollars plus expenses of litigation and reasonable attorney’s fees;

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

## History

Code 1981, § 16-9-105, enacted by Ga. L. 2005, p. 199, § 4/SB 62.