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| [ Introduced ] | [ Engrossed ] | [ House Amendment 002 ] |
90_HB2823ham001
LRB9009701YYmgam01
1 AMENDMENT TO HOUSE BILL 2823
2 AMENDMENT NO. . Amend House Bill 2823 by replacing
3 the title with the following:
4 "AN ACT to amend the Consumer Fraud and Deceptive
5 Business Practices Act by adding Section 2II."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Consumer Fraud and Deceptive Business
9 Practices Act is amended by adding Section 2II as follows:
10 (815 ILCS 505/2II new)
11 Sec. 2II. Electronic mail that includes an
12 advertisement.
13 (a) As used in this Section:
14 (1) "Advertisement" means material that:
15 (A) advertises for commercial purpose the
16 availability or the quality of real property, goods,
17 or services; or
18 (B) is otherwise designed or intended to
19 solicit a person to purchase real property, goods,
20 or services.
21 (2) "Electronic mail" means a message, a file, or
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1 other information that is transmitted through a local,
2 regional, or global network, regardless of whether the
3 message, file, or other information is:
4 (A) viewed;
5 (B) stored for retrieval at a later time;
6 (C) printed onto paper or other similar
7 material; or
8 (D) filtered or screened by a computer program
9 that is designed or intended to filter or screen
10 items of electronic mail.
11 (3) "Network" means a network comprised of one or
12 more computers that may be accessed by a modem,
13 electronic or optical technology or other similar means.
14 (4) "Recipient" means a person who receives an item
15 of electronic mail.
16 (b) Except as otherwise provided in subsection (c) of
17 this Section, if a person transmits or causes to be
18 transmitted to a recipient an item of electronic mail that
19 includes an advertisement, that person commits an unlawful
20 practice under this Act, unless:
21 (1) the person has a preexisting business or
22 personal relationship with the recipient;
23 (2) the recipient has expressly consented to
24 receive the item of electronic mail from the person; or
25 (3) the advertisement is readily identifiable as
26 promotional, or contains a statement providing that it is
27 an advertisement, and clearly and conspicuously provides:
28 (A) the legal name, complete street address,
29 and electronic mail address of the person
30 transmitting the electronic mail; and
31 (B) a notice that the recipient may decline to
32 receive additional electronic mail that includes an
33 advertisement from the person transmitting the
34 electronic mail and the procedures for declining
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1 such electronic mail.
2 (c) If a person provides users with access to a network
3 and, as part of that service, transmits items of electronic
4 mail on behalf of those users, the person is immune from
5 liability for violations of this Act, unless the person
6 transmits an item of electronic mail that includes an
7 advertisement he or she prepared or caused to be prepared.
8 (d) The provisions of this Section do not apply to an
9 item of electronic mail that is obtained by a recipient
10 voluntarily. This subsection includes, but is not limited
11 to, an item of electronic mail that is obtained by a
12 recipient voluntarily from an electronic bulletin board.".