LD 255
pg. 3
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LR 13
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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.__If a
recipient is the registered owner of more than one e-mail address
and notifies the sender of unsolicited commercial e-mails to
cease sending unsolicited commercial e-mails to all of the e-mail
addresses registered to that person or entity, the sender shall
cease to send unsolicited commercial e-mails to those addresses.

 
5.__Use of 3rd-party domain names.__A person may not:

 
A.__Send an unsolicited commercial e-mail that uses a 3rd
party's Internet address or domain name without the 3rd
party's consent; or

 
B.__Falsify the e-mail transmission information or other
routing information of an unsolicited commercial e-mail.

 
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 in violation of
this chapter constitutes a separate violation.__The Attorney
General shall establish procedures for receiving and
investigating complaints of violations of this chapter.__The
procedures may include the development of electronic forms,
available over the Internet, by which a person may file a
complaint with the Attorney General alleging a violation of this
chapter.

 
7.__Civil action; recipients.__Notwithstanding Title 5,
section 213, a person who receives a commercial e-mail sent in
violation of this chapter may bring an action in an appropriate
state court for either or both of the following:

 
A.__An injunction to stop such future e-mails; and

 
B.__Recovery of actual damages from each violation or up to
$250 in damages for each violation, whichever is greater.

 
If the court finds there has been a violation of this chapter,
the court shall award the petitioner reasonable attorney's fees
and costs incurred in connection with the action.

 
If the court finds that the defendant willfully or knowingly
violated this chapter, the court may, in its discretion, increase
the amount of the award to an amount equal to not more than 3
times the amount available under paragraph B.


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