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4-88-605. Criminal penalty.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-88-605. Criminal penalty.
(a) A person who violates any requirement of § 4-88-603 with respect to an unsolicited sexually explicit electronic mail is guilty of a Class B misdemeanor.
(b) A person who is found guilty of, or pleads guilty or nolo contendere to, violations of § 4-88-603 is not relieved from civil liability in an action under § 4-88-606.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-605
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:4-88-605
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 466b18ebef0126833a490322f5ae4be14cf394b61e0f1c8917a7348959555d1c
Source location: content.xml paragraph 34724
Stored source content
4-88-605. Criminal penalty.
(a) A person who violates any requirement of § 4-88-603 with respect to an unsolicited sexually explicit electronic mail is guilty of a Class B misdemeanor.
(b) A person who is found guilty of, or pleads guilty or nolo contendere to, violations of § 4-88-603 is not relieved from civil liability in an action under § 4-88-606.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-603
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-88-603. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-88-606. Civil action for violation — Election on damages — Costs and attorney's fees — Defense.
(a) For any violation of a provision of this subchapter, an action may be brought by:
(1) A person who received the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail that violates this subchapter; or
(2) An electronic mail service provider through whose facilities the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail was transmitted.
(b)(1) In each action under subdivision (a)(1) of this section, a recipient or electronic mail service provider may elect, in lieu of actual damages, to recover the lesser of:
(A) Ten dollars ($10.00) per unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail sent to a previously opted-out electronic mail address or transmitted through the electronic mail service provider or otherwise sent in violation of this subchapter; or
(B) Twenty-five thousand dollars ($25,000) per day the violation occurs.
(2) Each prevailing recipient or electronic mail service provider shall be awarded costs and reasonable attorney's fees.
(c) It is an affirmative defense to a violation of this subchapter if a person can demonstrate that the sender at the time of the alleged violation had:
(1) Maintained a list of consumers who have notified the person not to send any subsequent commercial electronic messages;
(2) Established and implemented with due care and reasonable practices and procedures to effectively prevent unsolicited commercial electronic mail messages in violation of this subchapter;
(3) Trained the sender's personnel in the requirements of this subchapter; and
(4) Maintained records demonstrating compliance with this subchap
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-606
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-88-606. This identifies an authority to review, not proof of applicability.