UCE List Removal; Utah Code re UCE (was Re: waiting for your reply)
"Bob" == Bob Johnson <storemanager2276(a)msn.com> writes:
Bob> Let me first say Welcome and to introduce myself to you. My name
Bob> Bob Johnson, I operate J.H p&s online store from my home out
Bob> Muskegon Michigan.
Bob>
Bob> J.H p&s online store has been online since Nov 1st of 2001. Our
Bob> warehouse is located in Utah, where most of the online items are
Bob> sent from.
Bob>
Bob> To begin an Relationship with Potential customers [...]
My name is Eric Eide, and I am a Research Associate at the University of Utah.
I am a member of the <xemacs-beta(a)xemacs.org> mailing list.
As your warehouse is located in Utah, allow me to refer you to House Bill 80,
Third Subsititute, titled ``Unsolicted Commercial Email,'' passed by the 2002
Utah Legislature, signed by Governor Mike Leavitt, and effective as law since
May 6, 2002. You may read the text of HB 80S3 on the WWW at the following URL:
<http://www.le.state.ut.us/~2002/htmdoc/hbillhtm/HB0080S3.htm>
In particular, let me make you aware of the following provisions of the bill:
13-34-103. Unsolicited commercial email -- Requirements.
(1) Each person who sends or causes to be sent an unsolicited
commercial email through the intermediary of an email service
provider located in the state or to an email address held by a
resident of the state shall:
(a) conspicuously state in the email the sender's:
(i) legal name;
(ii) correct street address; and
(iii) valid Internet domain name;
(b) include in the email a subject line that contains "ADV:" as
the first four characters;
(c) provide the recipient a convenient, no-cost mechanism to
notify the sender not to send any future email to the
recipient, including return email to a valid, functioning
return electronic address; and
(d) conspicuously provide in the text of the email a notice
that informs the recipient that the recipient may
conveniently and at no cost be excluded from future
commercial email from the sender.
[...]
(3) If the recipient of an unsolicited commercial email notifies the
sender that the recipient does not want to receive future
commercial email from the sender, the sender may not send that
recipient a commercial email, either directly or through a
subsidiary or affiliate.
13-34-104. Civil action for violation -- Election on damages -- Costs
and attorney fees -- Defense.
(1) For any violation of a provision of Section 13-34-103, an action
may be brought by:
(a) a person who received the unsolicited commercial email with
respect to which the violation under Section 13-34-103
occurred; or
(b) an email service provider through whose facilities the
unsolicited commercial email was transmitted.
(2) In each action under Subsection (1):
(a) a recipient or email service provider may:
(i) recover actual damages; or
(ii) elect, in lieu of actual damages, to recover the
lesser of:
(A) $10 per unsolicited commercial email
received by the recipient or transmitted
through the email service provider; or
(B) $25,000 per day that the violation occurs;
and
(b) each prevailing recipient or email service provider shall
be awarded costs and reasonable attorney fees.
[...]
I claim that your previous message violates at least parts (1)(a)(ii) and
(1)(b) of Section 13-34-103 of the Utah Code Annotated 1953.
I hereby request that you send no more commercial email to
<xemacs-beta(a)xemacs.org>.
Sincerely ---
Eric Eide
--
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Eric Eide <eeide(a)cs.utah.edu> . University of Utah School of Computing
http://www.cs.utah.edu/~eeide/ . +1 (801) 585-5512 voice, +1 (801) 581-5843 FAX