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Michigan Legislature
Michigan Compiled Laws Complete Through PA 348 of 2018
House: Adjourned until Tuesday, November 27, 2018 1:30:00 PM
Senate: Adjourned until Tuesday, November 27, 2018 10:00:00 AM

Michigan Legislature

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Section 445.2508

UNSOLICITED COMMERCIAL E-MAIL PROTECTION ACT (EXCERPT)
Act 42 of 2003


445.2508 Civil action; recovery; costs and attorney fees.

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


© 2017 Legislative Council, State of Michigan

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