Report Title:

Unsolicited e-mail and facsimile advertising

 

Description:

Requires unsolicited advertisements sent via e-mail or facsimile to include a toll-free phone number or address by which the recipient may request for no further advertisements to be sent to them. Requires that advertising e-mails include the designation "ADV" in the subject line. Requires advertising e-mails with adult content to include the designation "ADV:ADLT."

 

HOUSE OF REPRESENTATIVES

H.B. NO.

155

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to unsolicited advertising.

 

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

SECTION 1. Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§481B- Unsolicited advertising. (a) No person or entity conducting business in this state shall fax or cause to be faxed, or e-mail or cause to be e-mailed, documents consisting of unsolicited advertising material unless:

(1) In the case of a fax, that person or entity establishes a toll-free telephone number that the recipient may call, or a valid return address to which the recipient may write or mail, notifying the sender not to fax the recipient any further unsolicited documents; or

(2) In the case of an e-mail, that person or entity establishes a toll-free telephone number or valid sender-operated return e-mail address that the recipient may call or e-mail to notify the sender not to e-mail any further unsolicited documents.

(b) All unsolicited faxed or e-mailed documents subject to this section shall include a statement informing the recipient of the document of the toll-free telephone number that the recipient may call, or a valid return address to which the recipient may write or e-mail, notifying the sender not to fax or e-mail the recipient any further unsolicited documents to the fax number or numbers, or e-mail address or addresses specified by the recipient. In the case of faxed material, the statement shall be in at least nine-point type. In the case of e-mailed material, the statement shall be the first text in the body of the message and shall be of the same size as the majority of the text of the message.

(c) Upon notification of a recipient's request not to receive any further unsolicited faxed or e-mailed advertising materials, no person conducting business in this state shall fax or cause to be faxed, or e-mail or cause to be e-mailed, any unsolicited advertising material to that recipient.

(d) In the case of an e-mail, this section shall apply when the unsolicited advertising documents are delivered to a resident of this state via an e-mail service provider's service or equipment that is located in this state.

(e) In the case of unsolicited advertising material sent via e-mail, the subject line of the message shall include the designator "ADV:" as the first four characters. If the material contains information that may only be viewed by an individual eighteen years of age or older, the subject line of the message shall include "ADV:ADLT" as the first eight characters.

(f) An employer who is the registered owner of more than one e-mail address may notify the person or entity conducting business in this state who has e-mailed or caused to be e-mailed unsolicited advertising material to one or more of the employer's e-mail addresses of the desire to have e-mailing ceased on behalf of all employees who use that employer's e-mail addresses.

(g) As used in this section unless the context otherwise requires:

"Electronic mail" or "e-mail" means an electronic document that is transmitted via an e-mail service provider. "E-mail" or "cause to be e-mailed" does not include or refer to the transmission of any documents by an internet service provider to the extent that the internet service provider merely carries that transmission over its network.

"E-mail service provider" means any business or organization qualified to conduct business in this State that provides individuals, corporations, or other entities the ability to send or receive e-mail through equipment located in this State and that is an intermediary in sending or receiving e-mail.

"Facsimile" or "fax" means a document produced by a receiver of signals transmitted over telecommunication lines, after translating the signals, to produce a duplicate of an original document. "Fax" or "cause to be faxed" does not include or refer to the transmission of any documents by a telecommunications utility to the extent that the telecommunications utility merely carries that transmission over its network.

"Unsolicited advertising document" or "unsolicited advertising material" means any document or material that has been electronically mailed or faxed consisting of advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit that meet the following requirements:

  1. The documents are addressed to a recipient with whom the initiator does not have an existing business or personal relationship; and
  2. The documents are not sent at the request of or with the express consent of the recipient."

SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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