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ARIZONA REVISED STATUTES
TITLE 44. TRADE AND COMMERCE
CHAPTER 9. TRADE PRACTICES GENERALLY
ARTICLE 16. COMMERCIAL ELECTRONIC MAIL
Added by 2003 S.B. 1280 (approved May 16, 2003)
44-1372. Definitions
In this article, unless the context otherwise requires:
1. "Commercial electronic mail" means electronic mail sent for the purpose of encouraging
the purchase or rental of, or investment in, property, goods or services.
2. "Electronic mail" means an electronic message, executable program or computer file
containing an image of a message that is transmitted between two or more computers or
electronic terminals and includes electronic messages that are transmitted within or
between computer networks.
3. "Electronic mail service provider" means any person who is an intermediary in sending
or receiving electronic mail and who provides to end users of electronic mail services
the ability to send or receive electronic mail.
4. "Established business relationship" means a prior or existing relationship formed by
a voluntary communication between a person or entity and the recipient, with or without
an exchange of consideration, on the basis of an inquiry, application, purchase or use
by the recipient regarding products or services offered by the person or entity.
5. "Sender" means a person who initiates an unsolicited commercial electronic mail.
6. "Unsolicited commercial electronic mail" means a commercial electronic mail message
sent, without the consent of the recipient, by a person with whom the recipient does not
have an established business relationship.
44-1372.01. Regulations; powers of attorney general; cumulative remedies
A. A person shall not knowingly transmit commercial electronic mail if any of the
following apply:
1. The person falsifies electronic mail transmission information or other routing
information for unsolicited commercial electronic mail.
2. The mail contains false or misleading information in the subject line.
3. The person uses a third party's Internet address or domain name without the third
party's consent for the purpose of transmitting electronic mail in a way that makes it
appear that the third party was the sender of the mail.
B. If a person sends unsolicited commercial electronic mail or maintains a database for
the purpose of sending unsolicited commercial electronic mail, the person shall do the
following:
1. Use the exact characters "ADV:" as the first four characters in the subject line of
the unsolicited commercial electronic mail.
2. Provide a procedure that allows recipients, at no cost to the recipients, to easily
do both of the following:
(a) remove themselves from the sender's electronic mail address lists so the recipients
are not included in future electronic mailings from the sender. The sender shall have
three business days to remove the recipient's electronic mail address from the sender's
electronic mail address lists so the recipients are not included in future electronic
mailings from the sender.
(b) restrict the future sale or transfer of the recipient's electronic mail address
information to another person or organization for the purpose of sending commercial
electronic mail.
C. Failure to comply with this article is an unlawful practice pursuant to section
44-1522. The attorney general may investigate and take appropriate action as prescribed
by chapter 10, article 7 of this title.
D. This article is in addition to all other causes of action, remedies and penalties
available to this state.
E. The prohibitions in this section shall apply to any person doing business in this
state and to any person who transmits a commercial electronic mail message by any of
the following:
1. From a computer located in this state.
2. To an electronic mail address that the sender knows, or has reason to know, is held
by a resident of this state.
3. To an interactive computer service with equipment or its principal place of business
in this state.
44-1372.02. Damages
A. A person whose property or person is injured because of a violation of this article
may recover for any damages sustained, including loss of profits, and the costs incurred
from the suit.
B. If an injury results from the intentional transmission of unsolicited commercial
electronic mail, the injured person may recover attorney fees and costs and may choose,
instead of receiving actual damages, to recover ten dollars for each unsolicited
commercial electronic mail message transmitted in violation of this article or twenty-five
thousand dollars, whichever is less. This subsection does not apply to an electronic mail
service provider.
C. Nothing in this article creates a cause of action or a right to bring an action
against the electronic mail service provider for transmitting unsolicited commercial
electronic mail over the computer network.
D. If an injury results from the intentional transmission of unsolicited commercial
electronic mail, an injured electronic mail service provider may recover attorney
fees and costs and may choose, instead of receiving actual damages, to recover ten
dollars for each unsolicited commercial electronic mail message transmitted in
violation of this article or twenty-five thousand dollars, whichever is greater.
44-1372.03. Court proceedings; secrecy
At the request of any party to an action brought pursuant to this section, the court may
conduct all legal proceedings in a manner to protect the secrecy and security of the
computer, computer network, computer data, computer program and computer software
involved in order to prevent possible recurrence of the same or similar act by another
person and to protect any trade secrets of any party.
44-1372.04. Applicability
A. This article does not apply to electronic mail messages if any of the following
applies:
1. The sender is an organization using electronic mail to communicate exclusively with
either of the following:
(a) members of the organization.
(b) employees or contractors of the organization, or both.
2. The sender has the consent of the recipient.
3. The sender has an established business relationship with the recipient.
4. The commercial electronic mail message is the result of an error.
5. An interactive computer service provider has attached an advertisement to the message
in exchange for use of an electronic mail account or if the sender has agreed to the
arrangement.
B. This article does not apply to an electronic mail service provider if either of the
following apply:
1. The electronic mail service provider is an intermediary between the sender and the
recipient in the transmission of electronic mail.
2. The electronic mail service provider transmits unsolicited commercial electronic mail
over the provider's computer network or facilities.
C. An electronic mail service provider shall not be liable for any action it voluntarily
takes in good faith to block the receipt or transmission through its service of any
electronic mail advertisements that it believes is or will be sent in violation of this
article.
44-1372.05 Violation; classification
A person who violates this article is guilty of a Class 2 misdemeanor.
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