State of New York
220th Annual Legislative Session

Introduced March 13, 1997
Referred to Senate Committee on Consumer Protection March 13, 1997

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Introduced by Sen. ALESI -- (at request of the Attorney General) -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection

      AN ACT to amend the general business law, in relation to requiring disclosures in connection with unsolicited electronic mail advertisements and requiring the affirmative consent of a consumer to use any electronic identifying information

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The general business law is amended by adding a new section 396-cc to read as follows:

§ 396-CC. Electronic Mail.

1. Definition. For purposes of this section, "unsolicited electronic mail advertising" shall mean any material which advertises the commercial availability or quality of any property, goods or services and which is transmitted to a recipient in New York State via electronic mail without that recipient's express invitation or permission, except any such material which is sent based upon a prior contractual or business relationship between the sender and the recipient.

2. It shall be unlawful to transmit any unsolicited electronic mail advertising unless the following information is clearly and conspicuously disclosed as the first item of text in such mail:

A. A statement that the electronic mail sent is an advertisement;

B. The sender's legal name, complete street address, electronic mail address, and telephone number; and

C. A notice that the recipient may elect not to receive any further unsolicited electronic mail advertising from such sender, and a provision for the means, both online and in one other manner, for so notifying such sender.

It shall be unlawful to continue to transmit any unsolicited electronic mail advertising once the recipient has notified the sender of his election not to receive any further unsolicited electronic mail advertising.

3. It shall be unlawful to sell, lease or exchange any consumer's electronic mail address and any other personal identifying information which is obtained online without the knowledge and affirmative consent of such consumer as to the intended sale, lease or exchange of such database. For the purposes of the subdivision, "personal identifying information" shall include, but not be limited to, a person's social security number, date of birth, current and prior addresses, and mother's maiden name.

4. Any person who has received an unsolicited electronic mail advertisement and/or whose electronic mail address and any other personal identifying information has been sold, leased or exchanged as a part of a database in violation of this section may bring an action in his own name to recover his actual damages or one hundred dollars, whichever is greater.

5. Whenever there shall be a violation of this section, an application may be made by the Attorney General in the name of the People of the State of New York to a court or justice having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court and justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding the court may make allowances to the Attorney General as provided in subdivision six of section eighty-three hundred three of the Civil Practice Law and Rules, and direct restitution. In connection with any such proposed application, the Attorney General is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the Civil Practice Law and Rules.

§ 2. This act shall take effect immediately.