Civil Actions

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  2. Georgia Code
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  7. Civil Actions

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  1. 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.
  2. 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.

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


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