(a) Each person who sends or causes to be sent an unsolicited commercial electronic mail or text message or an unsolicited sexually explicit electronic mail or text message through the intermediary of an electronic mail service provider or to an electronic mail address or phone number held by a resident of the state shall:(1) (A) For a commercial electronic mail to an electronic mail address, conspicuously state in the electronic mail the sender's:(i) Legal name;(ii) Correct street address; and(iii) Valid internet domain name;(B) For a commercial text message, conspicuously state the:(i) Person from whom the text message originates;(ii) Purpose of the text message; and(iii) Ability to opt out and method of opting out of receiving further text messages from the person;(2) For a sexually explicit electronic mail, include in the electronic mail a subject line that contains “adv:adult” as the first nine (9) characters;(3) Provide the recipient a convenient, no-cost mechanism to notify the sender not to send any future electronic mail to the recipient, including:(A) Return electronic mail to a valid, functioning return electronic address; and(B) For a sexually explicit electronic mail and if the sender has a toll-free telephone number, the sender's toll-free telephone number; and(4) Conspicuously provide in the text of the electronic mail a notice:(A) That informs the recipient that the recipient may conveniently and at no cost be excluded from future commercial or sexually explicit electronic mail, as the case may be, from the sender; and(B) For sexually explicit electronic mail, if the sender has a toll-free telephone number, that includes the sender's valid, toll-free telephone number that the recipient may call to be excluded from future electronic mail from the sender.
(1) (A) For a commercial electronic mail to an electronic mail address, conspicuously state in the electronic mail the sender's:(i) Legal name;(ii) Correct street address; and(iii) Valid internet domain name;(B) For a commercial text message, conspicuously state the:(i) Person from whom the text message originates;(ii) Purpose of the text message; and(iii) Ability to opt out and method of opting out of receiving further text messages from the person;
(A) For a commercial electronic mail to an electronic mail address, conspicuously state in the electronic mail the sender's:(i) Legal name;(ii) Correct street address; and(iii) Valid internet domain name;
(i) Legal name;
(ii) Correct street address; and
(iii) Valid internet domain name;
(B) For a commercial text message, conspicuously state the:(i) Person from whom the text message originates;(ii) Purpose of the text message; and(iii) Ability to opt out and method of opting out of receiving further text messages from the person;
(i) Person from whom the text message originates;
(ii) Purpose of the text message; and
(iii) Ability to opt out and method of opting out of receiving further text messages from the person;
(2) For a sexually explicit electronic mail, include in the electronic mail a subject line that contains “adv:adult” as the first nine (9) characters;
(3) Provide the recipient a convenient, no-cost mechanism to notify the sender not to send any future electronic mail to the recipient, including:(A) Return electronic mail to a valid, functioning return electronic address; and(B) For a sexually explicit electronic mail and if the sender has a toll-free telephone number, the sender's toll-free telephone number; and
(A) Return electronic mail to a valid, functioning return electronic address; and
(B) For a sexually explicit electronic mail and if the sender has a toll-free telephone number, the sender's toll-free telephone number; and
(4) Conspicuously provide in the text of the electronic mail a notice:(A) That informs the recipient that the recipient may conveniently and at no cost be excluded from future commercial or sexually explicit electronic mail, as the case may be, from the sender; and(B) For sexually explicit electronic mail, if the sender has a toll-free telephone number, that includes the sender's valid, toll-free telephone number that the recipient may call to be excluded from future electronic mail from the sender.
(A) That informs the recipient that the recipient may conveniently and at no cost be excluded from future commercial or sexually explicit electronic mail, as the case may be, from the sender; and
(B) For sexually explicit electronic mail, if the sender has a toll-free telephone number, that includes the sender's valid, toll-free telephone number that the recipient may call to be excluded from future electronic mail from the sender.
(b) (1) A commercial electronic mail or text message is not unsolicited if the sender has a preexisting business or personal relationship with the recipient.(2) The sender of a commercial electronic mail or text message of this nature must still include in the electronic mail message or text message the required disclosures set forth in subdivisions (a)(3) and (4) of this section and shall remove the recipient from future mailings or text messages if requested.
(1) A commercial electronic mail or text message is not unsolicited if the sender has a preexisting business or personal relationship with the recipient.
(2) The sender of a commercial electronic mail or text message of this nature must still include in the electronic mail message or text message the required disclosures set forth in subdivisions (a)(3) and (4) of this section and shall remove the recipient from future mailings or text messages if requested.
(c) A person who sends or causes to be sent an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail through the intermediary of an electronic mail service provider located in the state or to an electronic mail address held by a resident of the state shall not:(1) Use a third party's internet domain name in identifying the point of origin or in stating the transmission path of the electronic mail without the third party's consent;(2) Misrepresent any information in identifying the point of origin or the transmission path of the electronic mail; or(3) Fail to include in the electronic mail the information necessary to identify the point of origin of the electronic mail.
(1) Use a third party's internet domain name in identifying the point of origin or in stating the transmission path of the electronic mail without the third party's consent;
(2) Misrepresent any information in identifying the point of origin or the transmission path of the electronic mail; or
(3) Fail to include in the electronic mail the information necessary to identify the point of origin of the electronic mail.
(d) (1) If the recipient of an unsolicited commercial electronic mail or text message or an unsolicited sexually explicit electronic mail or text message notifies the sender that the recipient does not want to receive future commercial electronic mail or text messages or future sexually explicit electronic mail or text messages from the sender, the sender may not send that recipient a commercial electronic mail or text message or a sexually explicit electronic mail or text message either directly or through a subsidiary or affiliate.(2) If a recipient has requested to be removed from future electronic mailings or text messages, the sender may recontact the recipient if a preexisting business relationship has been reestablished or if the recipient has expressly requested to receive future electronic mailings or text messages from the sender.
(1) If the recipient of an unsolicited commercial electronic mail or text message or an unsolicited sexually explicit electronic mail or text message notifies the sender that the recipient does not want to receive future commercial electronic mail or text messages or future sexually explicit electronic mail or text messages from the sender, the sender may not send that recipient a commercial electronic mail or text message or a sexually explicit electronic mail or text message either directly or through a subsidiary or affiliate.
(2) If a recipient has requested to be removed from future electronic mailings or text messages, the sender may recontact the recipient if a preexisting business relationship has been reestablished or if the recipient has expressly requested to receive future electronic mailings or text messages from the sender.