a. Any person aggrieved by a violation of this act may bring an action in the Superior
Court in the county where the transmission was sent or was received, or in which the
plaintiff resides, for damages or to enjoin further violations of this act.
b. The court shall proceed in a summary manner and shall, in the event the plaintiff
establishes a violation of this act, enter a judgment for the actual damages sustained,
or $500 for each violation, whichever amount is greater, together with costs of suit
and reasonable attorney's fees.
c. If the plaintiff establishes that the sender was notified by return facsimile or
written means of communication to cease and desist transmission of such unsolicited
advertisements, the court shall enter a judgment, on account of each subsequent transmission,
for actual damages or $ 1,000 for each transmission, whichever amount is greater,
together with costs of suit and reasonable attorney's fees, not to exceed $1,000.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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