§ 4-88-603. Unsolicited commercial or sexually explicit electronic mail — Requirements
(a) Each person who sends or causes to be sent an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail through the intermediary of an electronic mail service provider or to an electronic mail address held by a resident of the state shall: (1) Conspicuously state in the electronic mail the sender’s: (A) […]
§ 4-88-902. Definitions
As used in this subchapter: (1) (A) “Emergency services” means services performed with the express permission of the insured and that are immediately necessary for: (i) The preservation of the residential real estate; or (ii) The health of the insured, owner, or possessor. (B) “Emergency services” does not include inspection of the residential real estate […]
§ 4-88-604. Interactive computer service and electronic mail service provider authority
(a) An interactive computer service or electronic mail service provider may block the receipt or transmission through its service of any bulk electronic mail that it reasonably believes is or will be sent in violation of this subchapter. (b) An interactive computer service or electronic mail service provider is not: (1) In violation of this […]
§ 4-88-903. Notice of cancellation
Before signing a residential real estate repair contract with an insured, a residential contractor shall furnish to the insured: (1) The following statement in at least 10-point boldface type, the following: (2) A fully completed form in duplicate, captioned “NOTICE OF CANCELLATION”, that is attached to the residential real estate repair contract for repairs to […]
§ 4-88-605. Criminal penalty
(a) A person who violates any requirement of § 4-88-603 with respect to an unsolicited sexually explicit electronic mail is guilty of a Class B misdemeanor. (b) A person who is found guilty of, or pleads guilty or nolo contendere to, violations of § 4-88-603 is not relieved from civil liability in an action under […]
§ 4-88-904. Commencement of work — Cancellation
(a) A residential contractor in a residential real estate repair contract with an insured shall not commence work until the insured’s right to cancel under subsection (b) of this section has expired. (b) A person who has entered into a residential real estate repair contract with a residential contractor may cancel the residential real estate […]
§ 4-88-606. Civil action for violation — Election on damages — Costs and attorney’s fees — Defense
(a) For any violation of a provision of this subchapter, an action may be brought by: (1) A person who received the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail that violates this subchapter; or (2) An electronic mail service provider through whose facilities the unsolicited commercial electronic mail or unsolicited sexually explicit […]
§ 4-88-905. Violations
(a) A violation of this subchapter by a residential contractor is an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (b) This subchapter does not prohibit an insured that is harmed by a deceptive trade practice from commencing a civil action against a residential contractor.
§ 4-88-607. Enforcement of subchapter
(a) (1) Any transmission of unsolicited commercial or sexually explicit electronic mail in violation of this subchapter shall constitute an unfair and deceptive act or practice under § 4-88-107. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., or this subchapter shall be […]
§ 4-88-701. Short title
This act shall be known and may be cited as the “Fair Gift Card Act”.