§ 40-12-403 — Investigation of complaints; enforcement; attorney's fees

(a) The enforcing authority shall investigate any
complaints received concerning violations of this article. If,
after investigating any complaint, the enforcing authority finds
that there has been a violation of this article, the enforcing
authority may bring an action to impose a civil penalty and to
seek other relief, including injunctive relief. The civil
penalty imposed shall be as follows:
(i) For the first violation, not to exceed five
hundred dollars ($500.00);
(ii) For the second violation, not to exceed two
thousand five hundred dollars ($2,500.00);
(iii) For the third and subsequent violations, not to
exceed five thousand dollars ($5,000.00) per violation.
(b) An action under this section may be brought in the
district court of the county in which a commercial electronic
mail message that violates this article has been received or in
the district court of Laramie county, Wyoming. The civil penalty
provided under this section may be recovered in any action
brought under this article by the enforcing authority, or the
enforcing authority may terminate any investigation or action
upon agreement with the person violating this article to pay a
stipulated civil penalty.
(c) In any civil litigation resulting from a transaction
involving a violation of this article, the prevailing party,
after judgment in the trial court and exhaustion of all appeals,
if any, shall receive reasonable attorney's fees and costs from
the nonprevailing party.
(d) The remedies provided by this section are not
exclusive and shall not preclude the imposition of any other
relief or criminal penalties provided by law.