SB 137

Abstract

Creates the Anti-Phishing Act. Makes it unlawful for a person, by means of a Web page, e-mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing oneself to be a business without the authority or approval of the business. Provides that a person who is engaged in the business of providing Internet access service to the public, owns a Web page, or owns a trademark and is adversely affected by a violation may bring an action to recover the greater of actual damages or $500,000. Provides that an individual who is adversely affected by a violation may bring an action against a person who has directly violated the Act to enjoin further violations of the Act and to recover the greater of 3 times the amount of actual damages or $5,000 per violation. Provides that the Attorney General or a State's Attorney may bring an action against a person who violates or is in violation of the Act to enjoin further violations and to recover a civil penalty of up to $2,500 per violation. Provides that a court may increase the recoverable damages to an amount up to 3 times the damages otherwise recoverable if the defendant has engaged in a pattern and practice of violating the Act and award costs of suit and attorney's fees to a prevailing plaintiff. Provides that these remedies do not preclude the seeking of remedies, including criminal remedies, under any other applicable provision of law. Provides that multiple violations resulting from any single action or conduct shall constitute one violation.