Georgia § 16-9-105 Civil actions

Georgia Statutes

§ 16-9-105 — Civil actions

Georgia § 16-9-105

Title16

This text of Georgia § 16-9-105 (Civil actions) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 16-9-105 (2026).

Text

(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 commerc

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(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.