Illinois General Assembly - Full Text of SB0611
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Full Text of SB0611  93rd General Assembly

SB0611 93rd General Assembly


093_SB0611

 
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 1        AN ACT concerning electronic mail.

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

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

 6        (815 ILCS 511/10)
 7        Sec.  10.  Unsolicited  or  misleading  electronic  mail;
 8    prohibition.
 9        (a)  No  individual or entity may initiate or cause to be
10    initiated an unsolicited electronic mail advertisement if the
11    electronic  mail  advertisement  (i)  uses  a  third  party's
12    Internet domain name without permission of the  third  party,
13    or otherwise misrepresents any information in identifying the
14    point  of  origin  or  the transmission path of an electronic
15    mail advertisement  or  (ii)  contains  false  or  misleading
16    information in the subject line.
17        (a-5)  An  initiator  of  an  unsolicited electronic mail
18    advertisement must establish a toll-free telephone number  or
19    valid sender-operated return electronic mail address that the
20    recipient  of  the  unsolicited electronic mail advertisement
21    may call or electronically mail to notify the sender  not  to
22    electronically  mail  any further unsolicited electronic mail
23    advertisements.
24        (a-10)  An initiator of an  unsolicited  electronic  mail
25    advertisement  is  prohibited from selling or transferring in
26    any manner the electronic mail address of any person who  has
27    notified  the  initiator  that  the  person  does not want to
28    receive   any    further    unsolicited    electronic    mail
29    advertisements.
30        (a-15)  Each  unsolicited electronic mail advertisement's
31    subject line shall include "ADV:" as its first 4  characters.
 
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 1    For   any  unsolicited  electronic  mail  advertisement  that
 2    contains information regarding the lease, sale, rental,  gift
 3    offer,  or  other disposition of any realty, goods, services,
 4    or extension of credit, that may only be  viewed,  purchased,
 5    rented,  leased,  or  held  in possession by an individual 18
 6    years of age and older, the subject line of  each  and  every
 7    message shall include "ADV:ADLT" as the first 8 characters.
 8        (b)  This Section applies when the unsolicited electronic
 9    mail  advertisement  is delivered to an Illinois resident via
10    an electronic mail service provider's  service  or  equipment
11    located in this State.
12        (c)  Any  person,  other  than an electronic mail service
13    provider, who  suffers  actual  damages  as  a  result  of  a
14    violation  of  this  Section  committed  by any individual or
15    entity may bring an action against such individual or entity.
16    The injured person may recover attorney's fees and costs, and
17    may elect, in lieu of recovery of actual damages, to  recover
18    the  lesser  of $10 for each and every unsolicited electronic
19    mail advertisement transmitted in violation of this  Section,
20    or  $25,000  per  day.   The  injured person shall not have a
21    cause of action against the electronic mail service  provider
22    that   merely   transmits  the  unsolicited  electronic  mail
23    advertisement over its computer network.
24        (d)  Any electronic mail  service  provider  who  suffers
25    actual  damages  as  a  result of a violation of this Section
26    committed by any individual or entity  may  bring  an  action
27    against  such  individual  or entity.  The injured person may
28    recover attorney's fees and costs, and may elect, in lieu  of
29    recovery  of actual damages, to recover the lesser of $10 for
30    each and  every  unsolicited  electronic  mail  advertisement
31    transmitted in violation of this Section, or $25,000 per day.
32        (e)  The   provisions   of  this  Section  shall  not  be
33    construed  to  limit  any  person's  right  to   pursue   any
34    additional civil remedy otherwise allowed by law.
 
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 1        (f)  An  electronic  mail  service provider may, upon its
 2    own initiative, block the receipt or transmission through its
 3    service of any unsolicited electronic mail advertisement that
 4    it reasonably believes is, or will be, sent in  violation  of
 5    this Section.
 6        (g)  No  electronic  mail  service  provider  may be held
 7    liable for any action voluntarily  taken  in  good  faith  to
 8    block  the receipt or transmission through its service of any
 9    unsolicited electronic mail advertisement which it reasonably
10    believes is, or will be, sent in violation of this Section.
11    (Source: P.A. 91-233, eff. 1-1-00.)