(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.