Title 51, Sales and Exchanges
45 chapters · 338 sections in this title.
N.D.C.C. § 51-27-01 Definitions
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In this chapter, unless the context otherwise requires: 1. "Assist the transmission" means actions taken by a person to provide substantial assistance or support that enables any person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail mes…
N.D.C.C. § 51-27-02 False or misleading messages prohibited
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1. A person may not initiate the transmission, conspire with another to initiate the transmission, or assist the transmission of a commercial electronic mail message from a computer located in this state or to an electronic mail address that the sender knows, or has reason to kno…
N.D.C.C. § 51-27-03 Unpermitted or misleading electronic mail - Violation of consumer protection law
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1. It is a violation of chapter 51-15 to conspire with another person to initiate the transmission or to initiate the transmission of a commercial electronic mail message that: a. Uses a third-party's internet domain name without permission of the third party or otherwise misrepr…
N.D.C.C. § 51-27-04 Subject disclosure - Violation of consumer protection law
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1. The subject line of a commercial electronic mail message must include "ADV" as the first characters. If the message contains information that consists of material of a sexual nature that may only be viewed by an individual eighteen years of age or older, the subject line of th…
N.D.C.C. § 51-27-05 Toll-free number
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1. A sender initiating the transmission of a commercial electronic mail message shall establish a toll-free telephone number, a valid sender-operated return electronic mail address, or another easy-to-use electronic method that the recipient of the commercial electronic mail mess…
N.D.C.C. § 51-27-06 Violations - Damages
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1. Damages to the recipient of a commercial electronic mail message sent in violation of this chapter are five hundred dollars, or actual damages, whichever is greater. 2. Damages to an interactive computer service resulting from a violation of this chapter are one thousand dolla…
N.D.C.C. § 51-27-07 Blocking of commercial electronic mail by interactive computer service - Immunity from liability
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1. An interactive computer service may block the receipt or transmission through its service of any commercial electronic mail that it reasonably believes is, or will be, sent in violation of this chapter. 2. An interactive computer service may not be held liable for any action v…
N.D.C.C. § 51-27-08 Nonexclusive causes of action, remedies, and penalties
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The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties in chapter 51-15 or otherwise provided by law.
N.D.C.C. § 51-27-09 Relationship to federal law
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If any federal law is enacted that regulates false, misleading, or unsolicited commercial electronic mail messages, but does not preempt state law on the subject, the federal law supersedes any conflicting provision of this chapter.
N.D.C.C. § 51-27-10 Fraudulent or misleading communications - Penalty
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1. A person is guilty of a class C felony if, with intent to defraud or injure an individual, or with knowledge that the person is facilitating a fraud or injury to be perpetrated by any other person: a. The actor makes any communication that is not true and is calculated to misl…