KENTUCKY
LEGISLATIVE RESEARCH COMMISSION
1996-97 INTERIM
RS BR 337
PREFILED (for 1998 Regular Session) on July 15, 1997

HOUSE BILL 41
Introduced in House January 6, 1998
Referred to House Judiciary Committee January 7, 1998

      Representative Larry Clark prefiled the following bill which was ordered to be printed.

AN ACT relating to consumer protection.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

      SECTION 1. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO READ AS FOLLOWS:

      (1) For the purposes of this section. "unsolicited ELECTRONIC MAIL advertising" means any material that advertises the commercial availability or quality of any property, goods, or services and that is transmitted to a person in Kentucky via ELECTRONIC MAIL without that person's express invitation or permission, except any such material that is sent based upon a prior contractual or business relationship between the sender and the person

      (2) It shall be unlawful for a sender to transmit unsolicited ELECTRONIC MAIL advertising unless the text beings with a statement:

      (a) That the ELECTRONIC MAIL is sent as advertising;

      (b) Of the sender's legal name, complete street address, ELECTRONIC MAIL address, and telephone number;

      (c) That the person receiving the unsolicited ELECTRONIC MAIL advertising may elect not to receive any further unsolicited ELECTRONIC MAIL advertising from the sender; and

      (d) That the person may exercise the election provided for in subsections (c) of this section by notifying the sender to stop sending unsolicited ELECTRONIC MAIL advertising.

      (3) It shall be unlawful for a sender to transmit unsolicited ELECTRONIC MAIL advertising to a person after that person notifies the sender to stop transmitting the unsolicited ELECTRONIC MAIL advertising to that person

      (4) After a person notifies a sender to stop transmitting unsolicited ELECTRONIC MAIL advertising to that person, the sender shall stop. If the sender continues transmission, the person may bring a civil action to enjoin the sender from transmitting unsolicited ELECTRONIC MAIL advertising to the recipient and to recover actual damages, or two hundred dollars ($200), whichever is greater. If a person obtains an injunction against or recovers an actual damages from a sender of unsolicited ELECTRONIC MAIL advertising, the court shall award that person court costs, including reasonable attorneys' fees.

      (5) (a) All of the remedies, powers, and duties provided for the Attorney General by KRS 367.190 to 367.300 and the penalties provided in KRS 367.990, relating to acts and practices violating KRS 367.170, shall apply with equal force and effect to acts and practices declared unlawful by subsection (2) or (3) of this section.

      (b) Nothing in this section shall be construed to limit or restrict the exercise of powers or the performance of the duties of the Attorney General authorized under any other provision of law.