407.1135. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

407.1135. As used in sections 407.1135 to 407.1141, the followingwords and phrases mean:

(1) "Commercial electronic mail", an electronic mail message sent forthe purpose of encouraging the purchase or rental of, or investment in,property, goods, or services;

(2) "Electronic mail address", a destination, commonly expressed as asequence of characters, to which commercial electronic mail may be sent ordelivered;

(3) "Established business relationship", an existing relationshipformed by a voluntary communication between a person or entity and therecipient with or without an exchange of consideration, on the basis of aninquiry, application, purchase, or use by the recipient regarding productsor services offered by such person or entity;

(4) "Initiate the transmission", the action by the original sender ofan unsolicited commercial electronic mail solicitation that results inreceipt by a subscriber of that solicitation, including commercialelectronic mail received by a subscriber which was sent by a third party atthe request of or direction of the original sender;

(5) "Subscriber", any person, corporation, partnership, or otherentity who has subscribed to an interactive computer service and has beendesignated with one or more electronic mail addresses;

(6) "Unsolicited commercial electronic mail", a commercial electronicmail message sent without the consent of the recipient, by a person withwhom the recipient does not have an established business relationship,other than:

(a) A commercial electronic mail message responding to an inquiryfrom a subscriber who has requested further information and provided acommercial electronic mail address;

(b) A commercial electronic mail message initiated by a personlicensed by the state of Missouri to carry out a trade, occupation, orprofession who is setting or attempting to set an appointment for actionsrelated to that licensed trade, occupation, or profession;

(c) A commercial electronic mail message sent to a subscriber thatwas in an established business relationship with the sender, including aparent or subsidiary business organization of the sender that shares thesame brand name, within the previous twenty-four months unless therecipient requests to be removed from the entity's electronic mail list inaccordance with section 407.1123;

(d) A commercial electronic mail communication sent to a subscriberfrom an original sender which is a bank, farm credit service, or creditunion shall not be considered unsolicited commercial electronic mail forpurposes of sections 407.1135 to 407.1141;

(e) A commercial electronic mail message that is sent to a subscriberfrom an original sender who has a personal relationship with thesubscriber; or

(f) A commercial electronic mail message from the original senderthat is indirectly received by a subscriber when another subscribervoluntarily forwards that communication without the knowledge of theoriginal sender and without any consideration provided by the originalsender to the subscriber forwarding the communication.