HF 2916

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2018 05:43pm

A bill for an act
relating to consumer protection; unsolicited commercial electronic mail messages;
setting a deadline for implementation of recipient directives to unsubscribe;
providing for enforcement against violations; amending Minnesota Statutes 2016,
section 325F.694, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 325F.694, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Toll-free number deleted text end new text begin Opt-out requirement new text end .

(a) A sender initiating the transmission
of a commercial electronic mail message must establish a toll-free telephone number, a
valid sender-operated return electronic mail address, or another easy-to-use electronic
method that the recipient of the commercial electronic mail message may call or access by
electronic mail or other electronic means to notify the sender not to transmit by electronic
mail any further unsolicited commercial electronic mail messages. The notification process
may include the ability for the commercial electronic mail messages recipient to direct the
initiator to transmit or not transmit particular commercial electronic mail messages based
upon products, services, divisions, organizations, companies, or other selections of the
recipient's choice.

(b) A commercial electronic mail message must include a statement informing the
recipient of a toll-free telephone number that the recipient may call, or a valid return address
to which the recipient may write or access by electronic mail or another electronic method
established by the initiator, notifying the sender not to transmit to the recipient any further
unsolicited commercial electronic mail messages to the electronic mail address, or addresses,
specified by the recipient, and explaining the manner in which the recipient may specify
what commercial electronic mail messages the recipient does and does not wish to receive.

new text begin (c) A sender of a commercial electronic mail message who receives notice from a recipient
to discontinue sending messages to the recipient must comply with the recipient's directive
within ten business days of receiving the notice.
new text end

new text begin (d) This subdivision applies to commercial electronic mail messages transmitted by any
person on behalf of a seller or lessor of real property, goods, or services.
new text end

new text begin (e) In addition to remedies otherwise provided by law, a person injured by a violation
of this subdivision may bring a civil action and recover damages, together with costs and
disbursements, including costs of investigation and reasonable attorney fees, and receive
other equitable relief as determined by the court. The court may, as appropriate, enter a
consent judgment or decree without the finding of illegality. Any civil action brought under
this subdivision is for the benefit of the public.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end