4-88-606. Civil action for violation — Election on damages — Costs and attorney's fees — Defense.

Arkansas Code — all titles (historical 2020) · legal_authorities

4-88-606. Civil action for violation — Election on damages — Costs and attorney's fees — Defense.

4-88-606. Civil action for violation — Election on damages — Costs and attorney's fees — Defense. (a) For any violation of a provision of this subchapter, an action may be brought by: (1) A person who received the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail that violates this subchapter; or (2) An electronic mail service provider through whose facilities the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail was transmitted. (b)(1) In each action under subdivision (a)(1) of this section, a recipient or electronic mail service provider may elect, in lieu of actual damages, to recover the lesser of: (A) Ten dollars ($10.00) per unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail sent to a previously opted-out electronic mail address or transmitted through the electronic mail service provider or otherwise sent in violation of this subchapter; or (B) Twenty-five thousand dollars ($25,000) per day the violation occurs. (2) Each prevailing recipient or electronic mail service provider shall be awarded costs and reasonable attorney's fees. (c) It is an affirmative defense to a violation of this subchapter if a person can demonstrate that the sender at the time of the alleged violation had: (1) Maintained a list of consumers who have notified the person not to send any subsequent commercial electronic messages; (2) Established and implemented with due care and reasonable practices and procedures to effectively prevent unsolicited commercial electronic mail messages in violation of this subchapter; (3) Trained the sender's personnel in the requirements of this subchapter; and (4) Maintained records demonstrating compliance with this subchap

Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-606

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.