Arkansas § 4-88-606 - Civil action for violation — Election on damages — Costs and attorney's fees — Defense.

§ 4-88-606. Civil action for violation — Election on damages — Costs and attorney's fees — Defense.

For any violation of a provision of this subchapter, an action may be brought by: A person who received the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail that violates this subchapter; or An electronic mail service provider through whose facilities the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail was transmitted. In each action under subdivision (a)(1) of this section, a recipient or electronic mail service provider may elect, in lieu of actual damages, to recover the lesser of: Ten dollars ($10.00) per unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail sent to a previously opted-out electronic mail address or transmitted through the electronic mail service provider or otherwise sent in violation of this subchapter; or Twenty-five thousand dollars ($25,000) per day the violation occurs. Each prevailing recipient or electronic mail service provider shall be awarded costs and reasonable attorney's fees. It is an affirmative defense to a violation of this subchapter if a person can demonstrate that the sender at the time of the alleged violation had: Maintained a list of consumers who have notified the person not to send any subsequent commercial electronic messages; Established and implemented with due care and reasonable practices and procedures to effectively prevent unsolicited commercial electronic mail messages in violation of this subchapter; Trained the sender's personnel in the requirements of this subchapter; and Maintained records demonstrating compliance with this subchapter.