44-1372.01. Regulations; powers of attorney general; cumulative remedies; applicability

A. A person shall not knowingly transmit commercial electronic mail if any of the following apply:

1. The person falsifies electronic mail transmission information or other routing information for unsolicited commercial electronic mail.

2. The mail contains false or misleading information in the subject line.

3. The person uses a third party's internet address or domain name without the third party's consent for the purpose of transmitting electronic mail in a way that makes it appear that the third party was the sender of the mail.

B. If a person sends unsolicited commercial electronic mail or maintains a database for the purpose of sending unsolicited commercial electronic mail, the person shall do the following:

1. Use the exact characters " ADV:" as the first four characters in the subject line of the unsolicited commercial electronic mail.

2. Provide a procedure that allows recipients, at no cost to the recipients, to easily do both of the following:

(a) Remove themselves from the sender s electronic mail address lists so the recipients are not included in future electronic mailings from the sender. The sender shall have three business days to remove the recipient's electronic mail address from the sender's electronic mail address lists so the recipients are not included in future electronic mailings from the sender.

(b) Restrict the future sale or transfer of the recipient s electronic mail address information to another person or organization for the purpose of sending commercial electronic mail.

C. Failure to comply with this article is an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.

D. This article is in addition to all other causes of action, remedies and penalties available to this state.

E. The prohibitions in this section shall apply to any person doing business in this state and to any person who transmits a commercial electronic mail message by any of the following:

1. From a computer located in this state.

2. To an electronic mail address that the sender knows, or has reason to know, is held by a resident of this state.

3. To an interactive computer service with equipment or its principal place of business in this state.