Civil actions

(a) 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. (b) 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.) 16-9-106. Violations as separate offenses; construction with other laws; e-mail policies of service providers not limited or restricted. (a) Any crime committed in violation of this part shall be considered a separate offense. (b) The provisions of this part shall not be construed as limiting or precluding the application of any other provision of law which applies to any transaction or course of conduct which violates this part. (c) Nothing in this part shall be construed to limit or restrict the adoption, implementation, or enforcement by an e-mail service provider or Internet service provider of a policy of declining to transmit, receive, route, relay, handle, or store certain types of e-mail. (Code 1981, § 16-9-106, enacted by Ga. L. 2005, p. 199, § 4/SB 62.) 16-9-107. No cause of action against service providers.