HB 640 Makes it a criminal offense to send certain unsolicited e-mail messages

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 640 - This act pertains to unsolicited commercial electronic mail.

The act adds several new definitions related to electronic mail to Section 407.1135 RSMo.

The act makes it a criminal offense to initiate the transmission of certain unsolicited email messages; the circumstances by which that transmission is classified as criminal are laid out in the act.

The act makes the transmission of multiple unsolicited e-mail messages, a Class C felony. The circumstances by which these transmissions are classified as criminal are laid out in the act.

The act provides the opportunity for the Attorney General or any e-mail service provider that is injured by a violation of the provisions of the substitute to bring a civil action against an offender. The civil action must be commenced at any time within two years of the transmission. In addition to awarding temporary, preliminary or permanent injunctive relief against the offender, the court may impose a civil penalty against the offender in an amount that is the lesser of $25,000 for each day a violation occurs or not less than $2 but not more than $8 for each commercial e-mail message violation. The act allows the court to assess separate civil penalties for people found to have committed multiple violations. The act lays out guidelines for damages to be awarded by the court if such a civil action is brought.

The act directs people sending unsolicited e-mail messages to provide recipients the capability to remove themselves from the sender's email lists, after which the sender must remove the recipient within three business days. The act also restricts the sale or transfer of an unsolicited commercial e-mail recipient's e-mail address information to another person or organization.

MEGAN WORD


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