Illinois General Assembly - Full Text of HB3017
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Full Text of HB3017  93rd General Assembly

HB3017ham001 93rd General Assembly


093_HB3017ham001

 










                                     LRB093 03910 WGH 12529 a

 1                    AMENDMENT TO HOUSE BILL 3017

 2        AMENDMENT NO.     .  Amend House Bill 3017  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Unsolicited Commercial Electronic Mail Act.

 6        Section 5.  Definitions. As used in this Act:
 7        (a)  "Illinois electronic mail address" means any of  the
 8    following:
 9             (1)  An  electronic  mail  address  furnished  by an
10        electronic mail service provider  that  sends  bills  for
11        furnishing  and  maintaining that electronic mail address
12        to a mailing address in this State.
13             (2)  An electronic mail address ordinarily  accessed
14        from a computer located in this State.
15             (3)  An  electronic  mail  address  furnished  to  a
16        resident of this state.
17        (b)  "Commercial electronic mail advertisement" means any
18    electronic   mail   message  initiated  for  the  purpose  of
19    advertising or promoting the lease, sale, rental, gift offer,
20    or other disposition of any  property,  goods,  services,  or
21    extension of credit.
22        (c)  "Direct  consent"  means  a  recipient's unambiguous
 
                            -2-      LRB093 03910 WGH 12529 a
 1    expression of permission to receive a  commercial  electronic
 2    mail   advertisement  of  the  type  transmitted,  where  the
 3    recipient has clear and conspicuous notice of  the  scope  of
 4    the  permission, including the types of commercial electronic
 5    mail advertisements and  the  senders  or  types  of  senders
 6    included, at the time the recipient grants that permission.
 7        (d)  "Domain  name"  means  any  alphanumeric designation
 8    that is registered  with  or  assigned  by  any  domain  name
 9    registrar as part of an electronic address on the Internet.
10        (e)  "Electronic  mail"  means an electronic message that
11    is transmitted between 2 or more telecommunications  devices,
12    computers,   or   electronic  devices  capable  of  receiving
13    electronic messages, whether or not the message is  converted
14    to   hard  copy  format  after  receipt  or  is  viewed  upon
15    transmission or stored for later retrieval. "Electronic mail"
16    includes electronic messages that are transmitted  through  a
17    local, regional, or global computer network.
18        (f)  "Electronic   mail  address"  means  a  destination,
19    commonly expressed  as  a  string  of  characters,  to  which
20    electronic mail can be sent or delivered. An "electronic mail
21    address"  may  include a user name or mailbox and a reference
22    to an Internet domain.
23        (g)  "Electronic mail service provider" means any person,
24    including  an  Internet  service   provider,   that   is   an
25    intermediary  in sending or receiving electronic mail or that
26    provides to end users of  the  electronic  mail  service  the
27    ability to send or receive electronic mail.
28        (h)  "Functioning  return  electronic mail address" means
29    an  electronic  mail  address  displayed  in   a   commercial
30    electronic  mail  advertisement  that  has  the  capacity  to
31    receive  the  number of reply messages that the sender of the
32    commercial electronic mail  advertisement  should  reasonably
33    expect  to be transmitted by the recipients of the commercial
34    electronic mail advertisement for no less than 30 days  after
 
                            -3-      LRB093 03910 WGH 12529 a
 1    the sending of the commercial electronic mail advertisement.
 2        (i)  "Header  information" means the source, destination,
 3    and routing information  attached  to  the  beginning  of  an
 4    electronic  mail  message,  including  the originating domain
 5    name and originating electronic mail address.
 6        (j)  "Initiate   the   transmission   of   a   commercial
 7    electronic mail advertisement" means to transmit or cause  to
 8    be  transmitted a commercial electronic mail advertisement or
 9    assist in the transmission of a  commercial  electronic  mail
10    advertisement  by  providing  or  selecting  electronic  mail
11    addresses  to  which  the advertisement may be sent, but does
12    not include the transmission of the advertisement through the
13    network or system  of  a  telecommunications  utility  or  an
14    electronic mail service provider.
15        (k)  "Internet"  means the global information system that
16    is logically linked together by  a  globally  unique  address
17    space  based on the Internet Protocol (IP), or its subsequent
18    extensions, and that is able to support communications  using
19    the  Transmission Control Protocol/Internet Protocol (TCP/IP)
20    suite, or its subsequent extensions, or  other  IP-compatible
21    protocols,  and  that  provides,  uses,  or makes accessible,
22    either publicly or privately, high level services layered  on
23    the communications and related infrastructure.
24        (l)  "Preexisting  or  current business relationship," as
25    used  in  connection  with  the  sending  of   a   commercial
26    electronic mail advertisement, means either of the following:
27             (1)  The recipient has purchased or leased property,
28        goods,  or  services  from  the  sender  and  both of the
29        following conditions are met:
30                  (A)  The subject of the  commercial  electronic
31             mail advertisement concerns that purchase or lease.
32                  (B)  The     commercial     electronic     mail
33             advertisement  is  sent  within  12  months  of  the
34             purchase  or  lease  or  within  any  longer express
 
                            -4-      LRB093 03910 WGH 12529 a
 1             warranty period.
 2             (2)  The recipient has an ongoing contract with  the
 3        sender  and  the commercial electronic mail advertisement
 4        directly concerns the ongoing contract.
 5        (m)  "Recipient" means  the  addressee  of  a  commercial
 6    electronic   mail   advertisement.   If  an  addressee  of  a
 7    commercial electronic mail  advertisement  has  one  or  more
 8    electronic  mail  addresses  to which a commercial electronic
 9    mail advertisement is sent, the addressee shall be deemed  to
10    be  a  separate  recipient  for  each  address  to  which the
11    advertisement is sent.
12        (n)  "Sender" means a person who initiates  a  commercial
13    electronic mail advertisement.
14        (o)  "Unsolicited      commercial     electronic     mail
15    advertisement"   means   a   commercial    electronic    mail
16    advertisement  sent  to  a  recipient  who  meets both of the
17    following criteria:
18             (1)  Has not provided direct consent to receive  the
19        commercial electronic mail advertisement.
20             (2)  Does not have a preexisting or current business
21        relationship  with the sender or offeror of the property,
22        goods, or services.

23        Section  10.  Unsolicited  commercial  electronic   mail;
24    requirements.
25        (a)  Any sender of unsolicited commercial electronic mail
26    advertisements   either  from  Illinois  or  to  an  Illinois
27    electronic mail address shall do all of the following:
28             (1)  Maintain a functioning return  electronic  mail
29        address  to which a recipient may send a reply indicating
30        the recipient's desire not to receive further  commercial
31        electronic  mail  advertisements  from  the sender at the
32        electronic  mail  address  at  which  the   message   was
33        received.
 
                            -5-      LRB093 03910 WGH 12529 a
 1             (2)  Clearly   and  conspicuously  disclose  in  the
 2        commercial  electronic  mail  advertisement  all  of  the
 3        following:
 4                  (A)  The  recipient's  right  to   decline   to
 5             receive    further    commercial   electronic   mail
 6             advertisements at the  electronic  mail  address  at
 7             which the message was received.
 8                  (B)  The  recipient's  ability  to  decline  to
 9             receive    further    commercial   electronic   mail
10             advertisements by sending a message to the  sender's
11             functioning return electronic mail address.
12                  (C)  The sender's functioning return electronic
13             mail address.
14        (b)  It  is  unlawful  for  any  person  to  initiate the
15    transmission of an  unsolicited  commercial  electronic  mail
16    advertisement   either   from  Illinois  or  to  an  Illinois
17    electronic  mail  address  under   any   of   the   following
18    circumstances:
19             (1)  The  commercial  electronic  mail advertisement
20        contains or is accompanied by a third party's domain name
21        without permission of the third party.
22             (2)  The commercial  electronic  mail  advertisement
23        contains  or is accompanied by falsified, misrepresented,
24        obscured, or forged header information.
25             (3)  The commercial  electronic  mail  advertisement
26        has  a  subject line that has the capacity or tendency to
27        mislead  the   public   about   the   contents   of   the
28        advertisement.
29             (4)  The  sender  is in violation of subdivision (a)
30        or the commercial electronic mail advertisement does  not
31        contain the notice required by subdivision (a).
32             (5)  The   potential  recipient  of  the  commercial
33        electronic mail advertisement or a recipient  of  a  past
34        commercial electronic mail advertisement has informed the
 
                            -6-      LRB093 03910 WGH 12529 a
 1        sender,  by use of the functioning return electronic mail
 2        address  or  by  other  electronic   or   written   means
 3        communicated  to  the sender, that the recipient does not
 4        wish to receive commercial electronic mail advertisements
 5        at that electronic mail address.
 6             (6)  An  employer  has  informed  the   sender,   as
 7        provided   in   subdivision  (c),  not  to  send  further
 8        commercial electronic mail advertisements  to  designated
 9        electronic mail addresses.
10        (c)  An  employer who provides or has control over one or
11    more electronic mail addresses  used  by  its  employees  may
12    notify  the  sender  of  an unsolicited commercial electronic
13    mail  advertisement,  by  use  of  the   functioning   return
14    electronic  mail  address  or  by other electronic or written
15    means communicated to the sender, that no further  commercial
16    electronic  mail  advertisements should be transmitted to any
17    of the employer-provided and  employer-controlled  electronic
18    mail addresses.
19        (d)  In   addition   to  the  prohibitions  described  in
20    subdivision (b), it is unlawful for any  person  to  initiate
21    the transmission of an unsolicited commercial electronic mail
22    advertisement from Illinois or to an Illinois electronic mail
23    address unless all of the following conditions are satisfied:
24             (1)  The  subject  line of the commercial electronic
25        mail  advertisement  includes  "ADV:"  as  the  first   4
26        characters.
27             (2)  If the commercial electronic mail advertisement
28        is  intended  for the purpose of the lease, sale, rental,
29        gift offer, or other disposition of any property,  goods,
30        services, or extension of credit that may only be viewed,
31        purchased,  rented,  leased,  or held in possession by an
32        individual 18 years of age or older, the subject line  of
33        the   commercial   electronic  mail  advertisement  shall
34        include "ADV:ADLT" as the first eight characters.
 
                            -7-      LRB093 03910 WGH 12529 a
 1        Section  15.  Unsolicited  commercial  electronic   mail;
 2    transmission.  It  is  unlawful  for  any  person  to sell or
 3    otherwise provide a list of electronic mail addresses  to  be
 4    used to do either of the following:
 5             (1)  Initiate   the   transmission   of  unsolicited
 6        commercial electronic mail advertisements from Illinois.
 7             (2)  Initiate  the   transmission   of   unsolicited
 8        electronic  mail advertisements to an Illinois electronic
 9        mail address.

10        Section 20.  Remedies.
11        (a)  In addition to any other remedies provided  by  this
12    Act  or  by  other  provisions  of  law,  a  recipient  of  a
13    commercial   electronic  mail  advertisement  transmitted  in
14    violation of Section 10 or 15 may bring an action to  recover
15    either  actual damages or $500 for each individual violation,
16    whichever is greater, and may also recover  reasonable  costs
17    and attorney's fees.
18        (b)  If the court finds that the violation was willful or
19    knowing,  the  court  may,  in  its  discretion, increase the
20    amount of the award to an amount equal to  not  more  than  3
21    times the amount available under subsection (a).

22        Section 25.  Criminal penalty. Violation of this Act is a
23    Class C misdemeanor.

24        Section   30.  Consumer   Fraud  and  Deceptive  Business
25    Practices Act. In addition to any other  penalties  specified
26    in  this  Act,  violation of this Act constitutes an unlawful
27    practice under the  Consumer  Fraud  and  Deceptive  Business
28    Practices Act.

29        Section 35.  Other remedies. The remedies provided for in
30    this  Act  are  in addition to, and not in lieu of, any other
 
                            -8-      LRB093 03910 WGH 12529 a
 1    remedies provided for by law.

 2        Section 85.  The Consumer Fraud  and  Deceptive  Business
 3    Practices Act is amended by changing Section 2Z as follows:

 4        (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
 5        Sec.  2Z.   Violations  of  other  Acts.   Any person who
 6    knowingly violates the Automotive Repair Act, the Home Repair
 7    and Remodeling  Act,  the  Dance  Studio  Act,  the  Physical
 8    Fitness   Services   Act,  the  Hearing  Instrument  Consumer
 9    Protection  Act,  the  Illinois  Union  Label  Act,  the  Job
10    Referral and Job Listing Services  Consumer  Protection  Act,
11    the  Travel  Promotion  Consumer  Protection  Act, the Credit
12    Services Organizations Act, the Automatic  Telephone  Dialers
13    Act,  the  Pay-Per-Call Services Consumer Protection Act, the
14    Telephone Solicitations Act, the Illinois Funeral  or  Burial
15    Funds  Act,  the Cemetery Care Act, the Safe and Hygienic Bed
16    Act, the Pre-Need Cemetery Sales Act, subsection (a)  or  (b)
17    of  Section  3-10 of the Cigarette Tax Act, subsection (a) or
18    (b) of Section  3-10  of  the  Cigarette  Use  Tax  Act,  the
19    Unsolicited  Commercial Electronic Mail Act, or paragraph (6)
20    of subsection (k) of Section 6-305 of  the  Illinois  Vehicle
21    Code  commits an unlawful practice within the meaning of this
22    Act.
23    (Source: P.A. 91-164,  eff.  7-16-99;  91-230,  eff.  1-1-00;
24    91-233,  eff.  1-1-00;  91-810,  eff.  6-13-00;  92-426, eff.
25    1-1-02.)

26        (815 ILCS 511/Act rep.)
27        Section 90.  Repeal. The Electronic Mail Act is repealed.

28        Section 95.  Prior cause of action. Any cause  of  action
29    that  is  in  existence before the effective date of this Act
30    shall not be affected by  this  Act,  but  shall  instead  be
 
                            -9-      LRB093 03910 WGH 12529 a
 1    governed  by the law that was in effect at the time the cause
 2    of action arose.".