Illinois General Assembly - Full Text of HB5379
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Full Text of HB5379  102nd General Assembly

HB5379 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5379

 

Introduced 1/31/2022, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 511/5
815 ILCS 511/10

    Amends the Electronic Mail Act. Provides that initiators of unsolicited electronic mail advertisements must include an unsubscribe button or unsubscribe link within the heading and closing of every unsolicited electronic mail advertisement so that the recipient of the unsolicited electronic mail advertisement may immediately notify the sender of his or her decision to unsubscribe without taking further action. Provides that provisions concerning unsolicited or misleading electronic mail apply 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 or in another state or territory under U.S. jurisdiction (rather than in this State only). Defines terms.


LRB102 25384 SPS 34664 b

 

 

A BILL FOR

 

HB5379LRB102 25384 SPS 34664 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Electronic Mail Act is amended by changing
5Sections 5 and 10 as follows:
 
6    (815 ILCS 511/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Electronic mail advertisement" means any electronic mail
9message, the principal purpose of which is to promote,
10directly or indirectly, the sale or other distribution of
11goods or services to the recipient or any activity in support
12of, or in connection with, any campaign for elective office or
13any political organization.
14    "Unsolicited electronic mail advertisement" means any
15electronic mail advertisement that (i) is addressed to a
16recipient with whom the initiator does not have a prior or
17existing business or personal relationship and (ii) is not
18sent at the request of or with the express consent of the
19recipient.
20    "Electronic mail service provider" means any business or
21organization qualified to do business in Illinois that
22provides registered users the ability to send or receive
23electronic mail through equipment located in this State or in

 

 

HB5379- 2 -LRB102 25384 SPS 34664 b

1another state or territory under U.S. jurisdiction and that is
2an intermediary in sending or receiving electronic mail.
3    "Initiation" of an electronic mail message refers to the
4action by the initial sender of the electronic mail message.
5"Initiation" does not refer to the actions of any intervening
6electronic mail service provider that may handle or retransmit
7the electronic mail message.
8    "Registered user" means any individual or entity that
9maintains an electronic mail address with an electronic mail
10service provider.
11    "Electronic mail address" means a destination, commonly
12expressed as a string of characters, to which electronic mail
13may be sent or delivered.
14    "Internet domain name" refers to a globally unique,
15hierarchical reference to an Internet host or service,
16assigned through centralized Internet naming authorities,
17comprising a series of character strings separated by periods,
18with the right-most string specifying the top of the
19hierarchy.
20    "Unsubscribe button" or "unsubscribe link" means a button
21embedded with a working hyperlink or text with an embedded
22working hyperlink that allows the recipient of an unsolicited
23electronic mail advertisement to immediately notify the
24initiator of the unsolicited electronic mailing advertisement
25of his or her decision to no longer receive further
26unsolicited electronic mail advertisements.

 

 

HB5379- 3 -LRB102 25384 SPS 34664 b

1(Source: P.A. 91-233, eff. 1-1-00.)
 
2    (815 ILCS 511/10)
3    Sec. 10. Unsolicited or misleading electronic mail;
4prohibition.
5    (a) No individual or entity may initiate or cause to be
6initiated an unsolicited electronic mail advertisement if the
7electronic mail advertisement (i) uses a third party's
8Internet domain name without permission of the third party, or
9otherwise misrepresents any information in identifying the
10point of origin or the transmission path of an electronic mail
11advertisement or (ii) contains false or misleading information
12in the subject line.
13    (a-5) An initiator of an unsolicited electronic mail
14advertisement must establish a toll-free telephone number or
15valid sender-operated return electronic mail address that the
16recipient of the unsolicited electronic mail advertisement may
17call or electronically mail to notify the sender not to
18electronically mail any further unsolicited electronic mail
19advertisements. In addition, initiators of unsolicited
20electronic mail advertisements must include an unsubscribe
21button or unsubscribe link within the heading and closing of
22every unsolicited electronic mail advertisement so that the
23recipient of the unsolicited electronic mail advertisement may
24immediately notify the sender of his or her decision to
25unsubscribe without taking further action. The unsubscribe

 

 

HB5379- 4 -LRB102 25384 SPS 34664 b

1button or unsubscribe lock must clearly state "UNSUBSCRIBE" in
2all capital letters.
3    (a-10) An initiator of an unsolicited electronic mail
4advertisement is prohibited from selling or transferring in
5any manner the electronic mail address of any person who has
6notified the initiator that the person does not want to
7receive any further unsolicited electronic mail
8advertisements.
9    (a-15) Each unsolicited electronic mail advertisement's
10subject line shall include "ADV:" as its first 4 characters.
11For any unsolicited electronic mail advertisement that
12contains information regarding the lease, sale, rental, gift
13offer, or other disposition of any realty, goods, services, or
14extension of credit, that may only be viewed, purchased,
15rented, leased, or held in possession by an individual 18
16years of age and older, the subject line of each and every
17message shall include "ADV:ADLT" as the first 8 characters.
18    (b) This Section applies when the unsolicited electronic
19mail advertisement is delivered to an Illinois resident via an
20electronic mail service provider's service or equipment
21located in this State or in another state or territory under
22U.S. jurisdiction.
23    (c) Any person, other than an electronic mail service
24provider, who suffers actual damages as a result of a
25violation of this Section committed by any individual or
26entity may bring an action against such individual or entity.

 

 

HB5379- 5 -LRB102 25384 SPS 34664 b

1The injured person may recover attorney's fees and costs, and
2may elect, in lieu of recovery of actual damages, to recover
3the lesser of $10 for each and every unsolicited electronic
4mail advertisement transmitted in violation of this Section,
5or $25,000 per day. The injured person shall not have a cause
6of action against the electronic mail service provider that
7merely transmits the unsolicited electronic mail advertisement
8over its computer network.
9    (d) Any electronic mail service provider who suffers
10actual damages as a result of a violation of this Section
11committed by any individual or entity may bring an action
12against such individual or entity. The injured person may
13recover attorney's fees and costs, and may elect, in lieu of
14recovery of actual damages, to recover the lesser of $10 for
15each and every unsolicited electronic mail advertisement
16transmitted in violation of this Section, or $25,000 per day.
17    (e) The provisions of this Section shall not be construed
18to limit any person's right to pursue any additional civil
19remedy otherwise allowed by law.
20    (f) An electronic mail service provider may, upon its own
21initiative, block the receipt or transmission through its
22service of any unsolicited electronic mail advertisement that
23it reasonably believes is, or will be, sent in violation of
24this Section.
25    (g) No electronic mail service provider may be held liable
26for any action voluntarily taken in good faith to block the

 

 

HB5379- 6 -LRB102 25384 SPS 34664 b

1receipt or transmission through its service of any unsolicited
2electronic mail advertisement which it reasonably believes is,
3or will be, sent in violation of this Section.
4(Source: P.A. 93-199, eff. 1-1-04.)