| | | 4.__Prohibition.__A person receiving notification from a | | recipient that the recipient does not wish to receive any more | | unsolicited commercial e-mails from that person shall cease to | | send unsolicited commercial e-mails to that recipient.__If a | | recipient is the registered owner of more than one e-mail address | | and notifies the sender of unsolicited commercial e-mails to | | cease sending unsolicited commercial e-mails to all of the e-mail | | addresses registered to that person or entity, the sender shall | | cease to send unsolicited commercial e-mails to those addresses. |
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| | | 5.__Use of 3rd-party domain names.__A person may not: |
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| | | A.__Send an unsolicited commercial e-mail that uses a 3rd | | party's Internet address or domain name without the 3rd | | party's consent; or |
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| | | B.__Falsify the e-mail transmission information or other | | routing information of an unsolicited commercial e-mail. |
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| | | 6.__Penalty.__ Violation of this chapter is an unfair trade | | practice as prohibited by Title 5, section 207.__Each unsolicited | | commercial e-mail transmission to a recipient in violation of | | this chapter constitutes a separate violation.__The Attorney | | General shall establish procedures for receiving and | | investigating complaints of violations of this chapter.__The | | procedures may include the development of electronic forms, | | available over the Internet, by which a person may file a | | complaint with the Attorney General alleging a violation of this | | chapter. |
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| | | 7.__Civil action; recipients.__Notwithstanding Title 5, | | section 213, a person who receives a commercial e-mail sent in | | violation of this chapter may bring an action in an appropriate | | state court for either or both of the following: |
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| | | A.__An injunction to stop such future e-mails; and |
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| | | B.__Recovery of actual damages from each violation or up to | | $250 in damages for each violation, whichever is greater. |
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| | | If the court finds there has been a violation of this chapter, | | the court shall award the petitioner reasonable attorney's fees | | and costs incurred in connection with the action. |
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| | | If the court finds that the defendant willfully or knowingly | | violated this chapter, the court may, in its discretion, increase | | the amount of the award to an amount equal to not more than 3 | | times the amount available under paragraph B. |
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