16-9-105

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16-9-105.
(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 attorneýs 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 attorneýs fees; or
(3) Actual damages, plus expenses of litigation and reasonable attorneýs fees.