ASSEMBLY, No. 513

STATE OF NEW JERSEY

208th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 1998 SESSION

Sponsored by:

Assemblyman GERALD H. ZECKER

District 34 (Essex and Passaic)

Assemblyman JOSEPH AZZOLINA

District 13 (Middlesex and Monmouth)

Co-Sponsored by:

Assemblymen Luongo and Geist

SYNOPSIS

Prohibits sending of unsolicited advertisements to electronic mail addresses.

CURRENT VERSION OF TEXT

As Introduced.

(Sponsorship Updated As Of: 2/20/1998)

An Act concerning unsolicited advertisements by electronic mail and supplementing chapter 170 of Title 2A of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. No person shall use any computer or other electronic device to send an unsolicited advertisement to an electronic mail address of an individual unless that person has a pre-existing and ongoing business or personal relationship with the individual or unless the individual provides express invitation or permission to receive the unsolicited advertisement.

2. Whenever a person sends an unsolicited advertisement to an electronic mail address, the person shall provide, at the beginning of the unsolicited advertisement, the date and time the message is sent, the identity of the business, other entity or individual sending the message, and the return electronic mail address of the business, other entity or individual.

3. Any person aggrieved by a violation of this act may bring an action in the Superior Court to enjoin future violations and to recover the actual damages sustained by reason of such violation, including costs and reasonable attorneys fees, or an amount not to exceed $200 for each occurrence, whichever is greater.

4. This act shall take effect on the first day of the third month after enactment.

STATEMENT

This bill would prohibit the sending of an unsolicited advertisement to an electronic mail address unless the person sending the message has a pre-existing and ongoing business or personal relationship with the individual receiving the unsolicited advertisement or unless the individual has provided an express invitation or permission to receive unsolicited advertisements. Sending unsolicited advertisements to an electronic mail address usually shifts all or a part of the cost of that advertisement to the individual receiving the unsolicited advertisement. This bill would limit the cost-shifting to only those individuals willing to bear that expense.

The bill further requires that whenever a person sends an unsolicited advertisement to an electronic mail address, the date and time the message is sent, the identity of the business or other entity sending the message and the return electronic mail address of the business or other entry shall be provided at the beginning of the unsolicited advertisement.

A person violating the provisions of the act would be liable for actual damages sustained by reason of the violation, including costs and reasonable attorneys fees or an amount not to exceed $200 for each occurrence, whichever is greater.