Section 16-9-105. Civil actions

   (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.

Code 1981, § 16-9-105, enacted by Ga. L. 2005, p. 199, § 4/SB 62.