TITLE 16 CRIMES AND OFFENSES

Section 9. Forgery and Fraudulent Practices, 16-9-1 through 16-9-157.

ARTICLE 6 COMPUTER SYSTEMS PROTECTION

16-9-105. Civil actions.

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.)