16-9-155. Penalties.

Any person who violates the provisions of paragraph (2) of Code Section 16-9-152, subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 16-9-153, or paragraph (2) of subsection (a) of Code Section 16-9-153 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or a fine of not more than $3 million, or both.#

The Attorney General may bring a civil action against any person violating this article to enforce the penalties for the violation and may recover any or all of the following:#

1. (1)

   A civil penalty of up to $100.00 per violation of this article, or up to $100,000.00 for a pattern or practice of such violations;#

2. (2)

   Costs and reasonable attorney’s fees; and#

3. (3)

   An order to enjoin the violation.#

In the case of a violation of subparagraph (a)(1)(B) of Code Section 16-9-153 that causes a telecommunications carrier to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of such telecommunications carrier as a result of such violation, the telecommunications carrier may bring a civil action against the violator to recover any or all of the following:#

1. (1)

   The charges such carrier is obligated to pay to another carrier or to an information service provider as a result of the violation, including, but not limited to, charges for the origination, transport, or termination of the call;#

2. (2)

   Costs of handling customer inquiries or complaints with respect to amounts billed for such calls;#

3. (3)

   Costs and reasonable attorney’s fees; and#

4. (4)

   An order to enjoin the violation.#

An Internet service provider or software company that expends resources in good faith assisting consumers or business entities harmed by a violation of this chapter, or a trademark owner whose mark is used to deceive consumers or business entities in violation of this chapter, may enforce the violation and may recover any or all of the following:#

1. (1)

   Statutory damages of not more than $100.00 per violation of this article, or up to $1 million for a pattern or practice of such violations;#

2. (2)

   Costs and reasonable attorney’s fees; and#

3. (3)

   An order to enjoin the violation.#