spam law

[Shawn]

California passed a spam law allowing recipients to sue spammers

 

http://www.spamlaws.com/state/ca1.html

 

part of it

§ 17529.8.  (a) (1) In addition to any other remedies provided by this
article or by any other provisions of law, a recipient of an unsolicited
commercial e-mail advertisement transmitted in violation of this
article, an electronic mail service provider, or the Attorney General
may bring an action against an entity that violates any provision of
this article to recover either or both of the following: 

    (A) Actual damages. 

    (B) Liquidated damages of one thousand dollars ($1,000) for each
unsolicited commercial e-mail advertisement transmitted in violation of
Section 17529.2, up to one million dollars ($1,000,000) per incident. 

    (2) The recipient, an electronic mail service provider, or the
Attorney General, if the prevailing plaintiff, may also recover
reasonable attorney's fees and costs. 

    (3) However, there shall not be a cause of action against an
electronic mail service provider that is only involved in the routine
transmission of the unsolicited commercial e-mail advertisement over its
computer network. 

    (b) If the court finds that the defendant established and
implemented, with due care, practices and procedures reasonably designed
to effectively prevent unsolicited commercial e-mail advertisements that
are in violation of this article, the court shall reduce the liquidated
damages recoverable under subdivision (a) to a maximum of one hundred
dollars ($100) for each unsolicited commercial e-mail advertisement, or
a maximum of one hundred thousand dollars ($100,000) per incident.

 

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