Arizona Laws 44-1372.02. Damages
A. A person whose property or person is injured because of a violation of this article may recover for any damages sustained, including loss of profits, and the costs incurred from the suit.
Terms Used In Arizona Laws 44-1372.02
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Commercial electronic mail: means electronic mail sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services. See Arizona Laws 44-1372
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Electronic mail: means an electronic message, executable program or computer file containing an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks. See Arizona Laws 44-1372
- Electronic mail service provider: means any person who is an intermediary in sending or receiving electronic mail and who provides to end users of electronic mail services the ability to send or receive electronic mail. See Arizona Laws 44-1372
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
- Property: includes both real and personal property. See Arizona Laws 1-215
- Unsolicited commercial electronic mail: means a commercial electronic mail message sent, without the consent of the recipient, by a person with whom the recipient does not have an established business relationship. See Arizona Laws 44-1372
B. If an injury results from the intentional transmission of unsolicited commercial electronic mail, the injured person may recover attorney fees and costs and may choose, instead of receiving actual damages, to recover ten dollars for each unsolicited commercial electronic mail message transmitted in violation of this article or twenty-five thousand dollars, whichever is less. This subsection does not apply to an electronic mail service provider.
C. Nothing in this article creates a cause of action or a right to bring an action against the electronic mail service provider for transmitting unsolicited commercial electronic mail over the computer network.
D. If an injury results from the intentional transmission of unsolicited commercial electronic mail, an injured electronic mail service provider may recover attorney fees and costs and may choose, instead of receiving actual damages, to recover ten dollars for each unsolicited commercial electronic mail message transmitted in violation of this article or twenty-five thousand dollars, whichever is greater.