HB3651 99TH GENERAL ASSEMBLY

LRB099 08499 JLS 28657 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3651

Introduced , by Rep. Carol Ammons

SYNOPSIS AS INTRODUCED:

815 ILCS 511/5
815 ILCS 511/10

Amends the Electronic Mail Act. Provides that restrictions concerning the sending of unsolicited or misleading electronic mail messages apply also to text messages. Defines "text message" as a message sent to a cellular telephone or pager equipped with short message service or any similar capability, whether the message is initiated as a short message service message or as an electronic mail message. Makes corresponding changes.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Electronic Mail Act is amended by changing Sections 5 and 10 as follows:

(815 ILCS 511/5)

Sec. 5. Definitions. As used in this Act:

"Electronic mail or text message advertisement" means any electronic mail or text message, the principal purpose of which is to promote, directly or indirectly, the sale or other distribution of goods or services to the recipient.

"Text message" means a message sent to a cellular telephone or pager equipped with short message service or any similar capability, whether the message is initiated as a short message service message or as an electronic mail message.

"Unsolicited electronic mail or text message advertisement" means any electronic mail advertisement or text message advertisement that (i) is addressed to a recipient with whom the initiator does not have a prior or existing business or personal relationship and (ii) is not sent at the request of or with the express consent of the recipient.

"Electronic mail or text message service provider" means any business or organization qualified to do business in Illinois that provides registered users the ability to send or receive electronic mail or text messages through equipment located in this State and that is an intermediary in sending or receiving electronic mail or text messages.

"Initiation" of an electronic mail message or text message refers to the action by the initial sender of the electronic mail message or text message. "Initiation" does not refer to the actions of any intervening electronic mail or text message service provider that may handle or retransmit the electronic mail message or text message.

"Registered user" means any individual or entity that maintains an electronic mail or text message address with an electronic mail or text message service provider.

"Electronic mail or text message address" means a destination, commonly expressed as a string of characters, to which electronic mail or text messages may be sent or delivered.

"Internet domain name" refers to a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.

(Source: P.A. 91-233, eff. 1-1-00.)

(815 ILCS 511/10)

Sec. 10. Unsolicited or misleading electronic mail and text messages; prohibition.

(a) No individual or entity may initiate or cause to be initiated an unsolicited electronic mail or text message advertisement if the electronic mail or text message advertisement (i) uses a text message service provider's equipment or uses a third party's Internet domain name without permission of the third party, or otherwise misrepresents any information in identifying the point of origin or the transmission path of an electronic mail advertisement or (ii) contains false or misleading information in the subject line.

(a-5) An initiator of an unsolicited electronic mail or text message advertisement must establish a toll-free telephone number or valid sender-operated return electronic mail address that the recipient of the unsolicited electronic mail or text message advertisement may call or electronically mail or text message to notify the sender not to electronically mail any further unsolicited electronic mail or text message advertisements.

(a-10) An initiator of an unsolicited electronic mail or text message advertisement is prohibited from selling or transferring in any manner the electronic mail or text message address of any person who has notified the initiator that the person does not want to receive any further unsolicited electronic mail or text message advertisements.

(a-15) Each unsolicited electronic mail or text message advertisement's subject line shall include "ADV:" as its first 4 characters. For any unsolicited electronic mail or text message advertisement that contains information regarding the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit, that may only be viewed, purchased, rented, leased, or held in possession by an individual 18 years of age and older, the subject line of each and every message shall include "ADV:ADLT" as the first 8 characters.

(b) This Section applies when the unsolicited electronic mail or text message advertisement is delivered to an Illinois resident via an electronic mail or text message service provider's service or equipment located in this State.

(c) Any person, other than an electronic mail or text message service provider, who suffers actual damages as a result of a violation of this Section committed by any individual or entity may bring an action against such individual or entity. The injured person may recover attorney's fees and costs, and may elect, in lieu of recovery of actual damages, to recover the lesser of $10 for each and every unsolicited electronic mail or text message advertisement transmitted in violation of this Section, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail or text message service provider that merely transmits the unsolicited electronic mail or text message advertisement over its computer network.

(d) Any electronic mail or text message service provider who suffers actual damages as a result of a violation of this Section committed by any individual or entity may bring an action against such individual or entity. The injured person may recover attorney's fees and costs, and may elect, in lieu of recovery of actual damages, to recover the lesser of $10 for each and every unsolicited electronic mail or text message advertisement transmitted in violation of this Section, or $25,000 per day.

(e) The provisions of this Section shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.

(f) An electronic mail or text message service provider may, upon its own initiative, block the receipt or transmission through its service of any unsolicited electronic mail or text message advertisement that it reasonably believes is, or will be, sent in violation of this Section.

(g) No electronic mail or text message service provider may be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any unsolicited electronic mail or text message advertisement which it reasonably believes is, or will be, sent in violation of this Section.

(Source: P.A. 93-199, eff. 1-1-04.)