4-88-603. Unsolicited commercial or sexually explicit electronic mail — Requirements.

4-88-603. Unsolicited commercial or sexually explicit electronic mail — Requirements. (a) Each 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 or to an electronic mail address held by a resident of the state shall: (1) Conspicuously state in the electronic mail the sender's: (A) Legal name; (B) Correct street address; and (C) Valid Internet domain name; (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. (b)(1) A commercial electronic mail is not unsolicited if the sender has a preexisting business or personal relationship with the recipient. (2) The sender of a commercial electronic mail of this nature must still include in the electronic mail message the required disclosures set forth in subdivisions (a)(3) and (4) of this section and shall remove the recipient from future mailings 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 may 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. (d)(1) If the recipient of an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail notifies the sender that the recipient does not want to receive future commercial electronic mail or future sexually explicit electronic mail from the sender, the sender may not send that recipient a commercial electronic mail or a sexually explicit electronic mail either directly or through a subsidiary or affiliate. (2) If a recipient has requested to be removed from future mailings, the sender may recontact the recipient if a preexisting business relationship has been reestablished or if the recipient has expressly requested to receive future mailings from the sender.