Arkansas Code Title 4. Business and Commercial Law § 4-88-606. Civil action for violation--Election of damages--Costs and attorney fees--Defense

(1) A person who received the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail that violates this subchapter; or

(2) An electronic mail service provider through whose facilities the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail was transmitted.

(b)(1) 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:

(2) Each prevailing recipient or electronic mail service provider shall be awarded costs and reasonable attorney's fees.

(1) Maintained a list of consumers who have notified the person not to send any subsequent commercial electronic messages;

(2) Established and implemented with due care and reasonable practices and procedures to effectively prevent unsolicited commercial electronic mail messages in violation of this subchapter;

(3) Trained the sender's personnel in the requirements of this subchapter; and

(4) Maintained records demonstrating compliance with this subchapter.