Bill Text: IL HB3651 | 2015-2016 | 99th General Assembly | Introduced


Bill Title: Amends the Electronic Mail Act. Provides that restrictions concerning the sending of unsolicited or misleading electronic mail messages apply also to text messages. Defines "text message" as a message sent to a cellular telephone or pager equipped with short message service or any similar capability, whether the message is initiated as a short message service message or as an electronic mail message. Makes corresponding changes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2015-07-15 - Added Co-Sponsor Rep. Sue Scherer [HB3651 Detail]

Download: Illinois-2015-HB3651-Introduced.html


99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3651

Introduced , by Rep. Carol Ammons

SYNOPSIS AS INTRODUCED:
815 ILCS 511/5
815 ILCS 511/10

Amends the Electronic Mail Act. Provides that restrictions concerning the sending of unsolicited or misleading electronic mail messages apply also to text messages. Defines "text message" as a message sent to a cellular telephone or pager equipped with short message service or any similar capability, whether the message is initiated as a short message service message or as an electronic mail message. Makes corresponding changes.
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A BILL FOR

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1 AN ACT concerning business.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Electronic Mail Act is amended by changing
5Sections 5 and 10 as follows:
6 (815 ILCS 511/5)
7 Sec. 5. Definitions. As used in this Act:
8 "Electronic mail or text message advertisement" means any
9electronic mail or text message, the principal purpose of which
10is to promote, directly or indirectly, the sale or other
11distribution of goods or services to the recipient.
12 "Text message" means a message sent to a cellular telephone
13or pager equipped with short message service or any similar
14capability, whether the message is initiated as a short message
15service message or as an electronic mail message.
16 "Unsolicited electronic mail or text message
17advertisement" means any electronic mail advertisement or text
18message advertisement that (i) is addressed to a recipient with
19whom the initiator does not have a prior or existing business
20or personal relationship and (ii) is not sent at the request of
21or with the express consent of the recipient.
22 "Electronic mail or text message service provider" means
23any business or organization qualified to do business in

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1Illinois that provides registered users the ability to send or
2receive electronic mail or text messages through equipment
3located in this State and that is an intermediary in sending or
4receiving electronic mail or text messages.
5 "Initiation" of an electronic mail message or text message
6refers to the action by the initial sender of the electronic
7mail message or text message. "Initiation" does not refer to
8the actions of any intervening electronic mail or text message
9service provider that may handle or retransmit the electronic
10mail message or text message.
11 "Registered user" means any individual or entity that
12maintains an electronic mail or text message address with an
13electronic mail or text message service provider.
14 "Electronic mail or text message address" means a
15destination, commonly expressed as a string of characters, to
16which electronic mail or text messages may be sent or
17delivered.
18 "Internet domain name" refers to a globally unique,
19hierarchical reference to an Internet host or service, assigned
20through centralized Internet naming authorities, comprising a
21series of character strings separated by periods, with the
22right-most string specifying the top of the hierarchy.
23(Source: P.A. 91-233, eff. 1-1-00.)
24 (815 ILCS 511/10)
25 Sec. 10. Unsolicited or misleading electronic mail and text

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1messages; prohibition.
2 (a) No individual or entity may initiate or cause to be
3initiated an unsolicited electronic mail or text message
4advertisement if the electronic mail or text message
5advertisement (i) uses a text message service provider's
6equipment or uses a third party's Internet domain name without
7permission of the third party, or otherwise misrepresents any
8information in identifying the point of origin or the
9transmission path of an electronic mail advertisement or (ii)
10contains false or misleading information in the subject line.
11 (a-5) An initiator of an unsolicited electronic mail or
12text message advertisement must establish a toll-free
13telephone number or valid sender-operated return electronic
14mail address that the recipient of the unsolicited electronic
15mail or text message advertisement may call or electronically
16mail or text message to notify the sender not to electronically
17mail any further unsolicited electronic mail or text message
18advertisements.
19 (a-10) An initiator of an unsolicited electronic mail or
20text message advertisement is prohibited from selling or
21transferring in any manner the electronic mail or text message
22address of any person who has notified the initiator that the
23person does not want to receive any further unsolicited
24electronic mail or text message advertisements.
25 (a-15) Each unsolicited electronic mail or text message
26advertisement's subject line shall include "ADV:" as its first

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14 characters. For any unsolicited electronic mail or text
2message advertisement that contains information regarding the
3lease, sale, rental, gift offer, or other disposition of any
4realty, goods, services, or extension of credit, that may only
5be viewed, purchased, rented, leased, or held in possession by
6an individual 18 years of age and older, the subject line of
7each and every message shall include "ADV:ADLT" as the first 8
8characters.
9 (b) This Section applies when the unsolicited electronic
10mail or text message advertisement is delivered to an Illinois
11resident via an electronic mail or text message service
12provider's service or equipment located in this State.
13 (c) Any person, other than an electronic mail or text
14message service provider, who suffers actual damages as a
15result of a violation of this Section committed by any
16individual or entity may bring an action against such
17individual or entity. The injured person may recover attorney's
18fees and costs, and may elect, in lieu of recovery of actual
19damages, to recover the lesser of $10 for each and every
20unsolicited electronic mail or text message advertisement
21transmitted in violation of this Section, or $25,000 per day.
22The injured person shall not have a cause of action against the
23electronic mail or text message service provider that merely
24transmits the unsolicited electronic mail or text message
25advertisement over its computer network.
26 (d) Any electronic mail or text message service provider

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1who suffers actual damages as a result of a violation of this
2Section committed by any individual or entity may bring an
3action against such individual or entity. The injured person
4may recover attorney's fees and costs, and may elect, in lieu
5of recovery of actual damages, to recover the lesser of $10 for
6each and every unsolicited electronic mail or text message
7advertisement transmitted in violation of this Section, or
8$25,000 per day.
9 (e) The provisions of this Section shall not be construed
10to limit any person's right to pursue any additional civil
11remedy otherwise allowed by law.
12 (f) An electronic mail or text message service provider
13may, upon its own initiative, block the receipt or transmission
14through its service of any unsolicited electronic mail or text
15message advertisement that it reasonably believes is, or will
16be, sent in violation of this Section.
17 (g) No electronic mail or text message service provider may
18be held liable for any action voluntarily taken in good faith
19to block the receipt or transmission through its service of any
20unsolicited electronic mail or text message advertisement
21which it reasonably believes is, or will be, sent in violation
22of this Section.
23(Source: P.A. 93-199, eff. 1-1-04.)
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