| | | 8.__Civil action; e-mail service providers.__Notwithstanding | | Title 5, section 213, an e-mail service provider through whose | | service is sent a commercial e-mail 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 | | $1,000 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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| | | 9.__Immunity.__An e-mail service provider may, upon its own | | initiative, block the receipt or transmission through its service of any | | commercial e-mail that it reasonably believes is or will be sent in | | violation of this chapter.__An e-mail service provider is not liable for | | any action taken in good faith to block the receipt or transmission | | through its service of any commercial e-mail that it reasonably believes | | is or will be sent in violation of this chapter. |
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