407.1138. Prohibited acts--rulemaking authority, attorney general. - Missouri Statutes

Prohibited acts--rulemaking authority, attorney general.

407.1138. 1. It shall be a violation of this section for any personor entity who initiates the transmission of any commercial electronic mailmessage to any subscriber in this state to provide a false identity orfalse or misleading information in the subject line.

2. It shall be a violation of this section for any person that sendsan unsolicited commercial electronic mail message to fail to use the exactcharacters "ADV:" as the first four characters in the subject line of theunsolicited commercial electronic mail message.

3. It shall be a violation of this section for any person that sendsan unsolicited commercial electronic mail message that contains obscenematerial as defined in section 573.010, RSMo, or references a web site thatcontains obscene material to fail to use the exact characters "ADV:ADLT" asthe first eight characters in the subject line of the unsolicitedcommercial electronic mail message that contains obscene material.

4. It shall be a violation of this section to initiate thetransmission of any unsolicited commercial electronic mail to a subscriberin this state who has notified a sender not to initiate the transmission ofany further unsolicited commercial electronic mail. For purposes of thissubsection, a subscriber is deemed to have notified a sender not toinitiate the transmission of any further unsolicited commercial electronicmail if the subscriber:

(1) Replies to a sender at the valid sender-operated returnelectronic mail address or the sender's toll-free telephone number withdirections not to initiate the transmission of any further unsolicitedcommercial electronic mail as provided in section 407.1123; or

(2) Otherwise gives actual notice to a sender not to initiate thetransmission of further unsolicited commercial electronic mail; or

(3) Notifies the attorney general if a sender fails to provide atoll-free telephone number or valid sender-operated return electronic mailaddress as required by section 407.1123.

5. The attorney general shall promulgate rules and regulations as heor she deems necessary and appropriate to fully implement the provisions ofsections 407.1135 to 407.1141.

(L. 2003 H.B. 228 § 407.1144)