§ 11-52-6 - Civil action.
SECTION 11-52-6
§ 11-52-6 Civil action. – (a) Any person injured as a result of a violation of this chapter may bring acivil action against the violator for compensatory damages, punitive damages,court costs, and any other relief that the court deems appropriate, includingreasonable attorneys' fees.
(b) If the injury arises from the transmission of unsolicitedbulk electronic mail, the injured person, other than an electronic mail serviceprovider, may also recover attorney's fees and costs and may elect, in lieu ofactual damages, to recover the lesser of five hundred dollars ($500) for eachand every unsolicited bulk electronic mail message transmitted in violation ofthis chapter up to a maximum of twenty-five thousand dollars ($25,000) per day.The injured person shall not have a cause of action against the electronic mailservice provider which merely transmits the unsolicited bulk electronic mailover its computer network.
(c) If the injury arises from the transmission of unsolicitedbulk electronic mail, an injured electronic mail service provider may alsorecover attorneys fees and costs, and may elect, in lieu of actual damages, torecover the greater of five hundred dollars ($500) for each and everyunsolicited bulk electronic mail message transmitted in violation of thischapter up to a maximum of twenty-five thousand dollars ($25,000) per day.
(d) At the request of any party to an action brought pursuantto this section, the court may, in its discretion, conduct all legalproceedings in such a way as to protect the secrecy and security of thecomputer, computer network, computer data, computer program and computersoftware involved in order to prevent possible recurrence of the same or asimilar act by another person and to protect any trade secrets of any party.
(e) The provisions of this section shall not be construed tolimit any person's right to pursue any additional civil remedy otherwiseallowed by law.