FIRST REGULAR SESSION
SIXTY-FIRST GENERAL ASSEMBLY
STATE OF COLORADO
BY REPRESENTATIVE TUPA;
ALSO SENATOR RIZZUTO.

Introduced January 30, 1997
(subsequently amended and enacted)

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A BILL FOR AN ACT
CONCERNING DECEPTIVE TRADE PRACTICES INVOLVING UNSOLICITED ELECTRONIC COMMUNICATIONS.

      Makes the following acts involving electronic communications deceptive trade practices under the "Colorado Consumer Protection Act":

      Soliciting a consumer residing in Colorado by fax or electronic mail communication without including a toll-free telephone number or e-mail address that a recipient may use to request no further transmissions.

      Selling the consumer's fax number or electronic mail address without either giving notice to the consumer or allowing the consumer the option of preventing the sale of the number or address.

      Provides that soliciting a consumer by fax or electronic mail communication is not a deceptive trade practice if there is an existing business relationship between the seller and the consumer or if the fax or electronic mail transmission was requested or initiated by the consumer.

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      Be it enacted by the General Assembly of the State of Colorado:

      SECTION 1. 6-1-105 (1), Colorado Revised Statutes, 1992 Repl. Vol., as amended, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:

      6-1-105. Deceptive trade practices. (1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person:

      (p.5)  (I) Solicits a consumer residing in Colorado by a facsimile or electronic mail transmission without including in the facsimile or electronic mail message a toll-free telephone number or, in the case of electronic mail, an electronic mail address which a recipient of the unsolicited transmission may use to notify the sender not to transmit to the recipient any further unsolicited transmissions.
      (II) The provisions of this paragraph (p.5) shall not apply to unsolicited transmissions if there is an existing business relationship between the seller and the consumer at the time of the solicitation or if the facsimile or electronic mail transmission was requested or initiated by the consumer. The provisions of this paragraph (p.5) shall not apply to the transmission of documents by a telecommunications provider to the extent that the telecommunications provider merely provides transmission facilities.

      (p.7) Sells a consumer's facsimile number or electronic mail address without either giving notice to the consumer that the number or address could be sold to other persons or without allowing the consumer the option of preventing the sale of the consumer's number or address to others;

      SECTION 2. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

      (2) The provisions of this act shall apply to acts committed on or after the effective date of this act.