Illinois General Assembly - Illinois Compiled Statutes

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815 ILCS 511/10

(815 ILCS 511/10)

Sec. 10.

Unsolicited or misleading electronic mail;
prohibition.

(a) No individual or entity may initiate or cause to be initiated an
unsolicited electronic mail advertisement
if the electronic mail
advertisement (i) 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 advertisement must
establish a toll-free telephone number or valid sender-operated return
electronic mail address that the recipient of the unsolicited electronic mail
advertisement may call or electronically mail to notify the sender not to
electronically mail any further unsolicited electronic mail advertisements.

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

(a-15) Each unsolicited electronic mail advertisement's subject line shall
include "ADV:" as its first 4 characters. For any unsolicited electronic mail
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 advertisement is delivered to an Illinois resident
via an electronic mail service provider's service or equipment located in this
State.

(c) Any person, other than an electronic mail 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 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 service provider that merely transmits the
unsolicited electronic mail advertisement over its computer network.

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

(g) No electronic mail 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
advertisement
which it reasonably believes is, or will be, sent in violation of this
Section.

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