TO AMEND THE UNSOLICITED COMMERCIAL AND SEXUALLY EXPLICIT ELECTRONIC MAIL PREVENTION ACT TO INCLUDE UNSOLICITED COMMERCIAL AND SEXUALLY EXPLICIT TEXT MESSAGES.

More protection for Arkansas text recipients

Arkansas extends its unwanted commercial and sexually explicit email protections to text messages sent to state residents. Covered texts include text, images, sounds, or other information sent to or from a ten-digit phone number. Commercial texts must clearly identify the sender, explain their purpose, and say how to opt out. Covered messages must offer a convenient, free way to stop future messages and clearly explain that right. This includes a valid return electronic address and, when applicable, a toll-free number. Commercial emails must disclose the sender’s legal name, correct street address, and valid internet domain name. Sexually explicit emails must start their subject line with “adv:adult” and display a toll-free number when available. Messages are unsolicited when sent without express permission, subject to the commercial-message exception for existing business or personal relationships. A business transaction or communication within the previous five years establishes a business relationship. Even with an existing relationship, commercial senders must provide disclosures and honor removal requests. After an opt-out, senders generally cannot send more covered messages, including through subsidiaries or affiliates. Contact can resume when a business relationship is reestablished or the recipient expressly requests future messages. Senders cannot falsify or omit required origin information, or use another party’s internet domain without consent. Recipients and service providers can sue; a claimant can choose damages of the lesser of $10 per violating message or $25,000 per violation day. The winning party can also recover costs and reasonable attorney’s fees. Senders have a legal defense based on maintaining opt-out lists, taking due care, training staff, and keeping compliance records. Providers can block bulk messages reasonably believed to violate the law, with protection from liability for good-faith blocking. Providers can also disconnect or end service for violations. Violations count as unfair or deceptive practices under Arkansas law.