Unsolicited e-mail legislation

Maryland House Bill 1114

1998 Regular Session

By: Delegates Genn, Rosenberg, Goldwater, Barve, Kopp, and Gordon
Introduced and read first time: February 13, 1998
Assigned to: Economic Matters

A BILL ENTITLED

AN ACT concerning

Consumer Protection - Unsolicited Electronic Mail Transmissions

FOR the purpose of prohibiting certain intentional electronic, telephonic or wireless transmissions in the State to an electronic mail device for the purpose of commercial solicitation; defining a term; and generally relating to unsolicited transmissions to an electronic mail device.

BY repealing and reenacting, with amendments,
Article - Commercial Law
Section 14-1313
Annotated Code of Maryland
(1990 Replacement Volume and 1997 Supplement)

SECTION 1.  BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:

Article - Commercial Law

14-1313.

      (a) (1) In this section the following words have the meanings indicated.

      (2) "Facsimile device" means a machine that receives and copies reproductions or facsimiles of documents or photographs that have been transmitted electronically, [or] telephonically over telecommunications lines OR BY WIRELESS MEANS.

      (3) "ELECTRONIC MAIL DEVICE" MEANS ANY COMPUTER OR SIMILAR MACHINE THAT CREATES MESSAGES THAT HAVE BEEN TRANSMITTED ELECTRONICALLY OR TELEPHONICALLY OVER TELECOMMUNICATIONS LINES OR BY WIRELESS MEANS AND ARE TRANSFERRED TO ANOTHER COMPUTER OR SIMILAR MACHINE.

      [(3)] (4) (i) "Commercial solicitation" means the unsolicited electronic, [or] telephonic OR WIRELESS transmission in the State to a facsimile device to encourage a person to purchase goods, realty, or services.

      (ii) "Commercial solicitation" does not include:

      1. An electronic, [or] telephonic OR WIRELESS transmission made in the course of prior negotiations; or

      2. An electronic, [or] telephonic OR WIRELESS transmission made in the course of a preexisting business relationship with the person receiving the transmission.

      (b) A person may not make intentionally an electronic, [or] telephonic OR WIRELESS transmission to a facsimile device OR AN ELECTRONIC MAIL DEVICE for the purpose of commercial solicitation.

      (c) (1) The Attorney General may initiate a civil action against any person who violates this section to recover for the State a penalty not to exceed $1,000 for each violation.

      (2) For the purposes of this section, each prohibited commercial solicitation is a separate violation.

SECTION 2.  AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 1998.