Indiana § 35-45-5-4.7 Right of action by interactive computer service; defenses; remedies;
jurisdiction

Indiana Statutes

§ 35-45-5-4.7 — Right of action by interactive computer service; defenses; remedies; jurisdiction

Indiana § 35-45-5-4.7

Art. 45OFFENSES AGAINST PUBLIC HEALTH, ORDER,

Ch. 5Gambling

This text of Indiana § 35-45-5-4.7 (Right of action by interactive computer service; defenses; remedies; jurisdiction) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-45-5-4.7 (2026).

Text

7.

(a)An interactive computer service that handles or retransmits a commercial electronic mail message has a right of action against a person who initiates or assists the transmission of the commercial electronic mail message that violates this chapter.

(b)This chapter does not provide a right of action against:

(1)an interactive computer service;

(2)a telephone company;

(3)a CMRS provider (as defined in IC 36-8-16.7-6);

(4)a cable operator (as defined in 47 U.S.C. 522(5)); or

(5)any other entity that primarily provides connectivity to an operator; if the entity's equipment is used only to transport, handle, or retransmit information that violates this chapter and is not capable of blocking the retransmission of information that violates this chapter.

(c)It is a defense to an actio

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7. (a) An interactive computer service that
handles or retransmits a commercial electronic mail message has a
right of action against a person who initiates or assists the transmission
of the commercial electronic mail message that violates this chapter.
(b) This chapter does not provide a right of action against:
(1) an interactive computer service;
(2) a telephone company;
(3) a CMRS provider (as defined in IC 36-8-16.7-6);
(4) a cable operator (as defined in 47 U.S.C. 522(5)); or
(5) any other entity that primarily provides connectivity to an
operator;
if the entity's equipment is used only to transport, handle, or retransmit
information that violates this chapter and is not capable of blocking the
retransmission of information that violates this chapter.
(c) It is a defense to an action under this section if the defendant
shows by a preponderance of the evidence that the violation of this
chapter resulted from a good faith error and occurred notwithstanding
the maintenance of procedures reasonably adopted to avoid violating
this chapter.
(d) If the plaintiff prevails in an action filed under this section, the
plaintiff is entitled to the following:
(1) An injunction to enjoin future violations of this chapter.
(2) Compensatory damages equal to any actual damage proven by
the plaintiff to have resulted from the initiation of the commercial
electronic mail message. If the plaintiff does not prove actual
damage, the plaintiff is entitled to presumptive damages of five
hundred dollars ($500) for each commercial electronic mail
message that violates this chapter and that is sent by the
defendant:
(A) to the plaintiff; or
(B) through the plaintiff's interactive computer service.
(3) The plaintiff's reasonable attorney's fees and other litigation
costs reasonably incurred in connection with the action.
(e) A person outside Indiana who:
(1) initiates or assists the transmission of a commercial electronic
mail message that violates this chapter; and
(2) knows or should know that the commercial electronic mail
message will be received in Indiana;
submits to the jurisdiction of Indiana courts for purposes of this
chapter.