3.__Statement.__All unsolicited commercial e-mail must contain:

A.__In the subject line:

(1)__The first 4 characters as follows: "ADV:"; and

(2)__If the unsolicited commercial e-mail contains information about material that may only be viewed by a person at least 18 years of age, the first 8 characters as follows: "ADV:ADLT";

B.__A statement informing the recipient of the name of the person or entity from whom the unsolicited commercial e-mail originated;

C.__The toll-free telephone number, return e-mail address and return United States postal address required by subsection 2; and

D.__A statement informing the recipient that the recipient may use any of the methods of communication in paragraph C to notify the sender that the recipient does not want to receive any more unsolicited commercial e-mails from the sender.

4.__Prohibition.__A person receiving notification from a recipient that the recipient does not wish to receive any more unsolicited commercial e-mails from that person shall cease to send unsolicited commercial e-mails to that recipient.

5.__Multiple e-mail addresses.__An employer who is the registered owner of more than one e-mail address may notify a sender of unsolicited commercial e-mails to cease sending unsolicited commercial e-mails to any of the e-mail addresses registered to the employer.

6.__Penalty.__Violation of this chapter is an unfair trade practice as prohibited by Title 5, section 207. Each unsolicited commercial e-mail transmission to a recipient constitutes a separate violation.

7.__Repeal.__If federal law is enacted that prohibits or otherwise regulates the transmission of unsolicited commercial e- mail, this chapter is repealed as of the effective date of the federal law.

SUMMARY

This bill restricts unsolicited commercial e-mail, defined as e-mail that is sent for the purpose of advertising or conveying real property, goods or services or extending credit, soliciting contributions or broadcasting a political or social message, by requiring the e-mail to contain a valid toll-free telephone number, return e-mail address and return postal address maintained by the sender to which the recipient may respond indicating that the recipient does not wish to receive further unsolicited commercial e-mail from the sender. The restriction does not apply to e-mail sent to persons with whom the sender has a prior relationship or who have requested the information from the sender. Each unsolicited commercial e-mail sent to a recipient in violation is considered an unfair trade practice. The provisions of this bill would be repealed in the event that federal legislation is enacted that prohibits or regulates unsolicited commercial e-mail.