US Lawyer Database

§46A-6G-1. Definitions

As used in this article: (1) "Bulk electronic mail message" means an electronic mail message sent in bulk to users of an interactive computer service who have not requested or solicited the message. Unauthorized for purposes of a bulk electronic mail message, means a bulk electronic mail message sent in quantity in contravention of the […]

§46A-6G-2. Limitations on Unauthorized Electronic Mail

No person may initiate the transmission of an unauthorized electronic mail message with the intent to deceive and defraud, or a bulk electronic mail message from a computer located in the State of West Virginia or to an electronic mail address that the sender knows, or has reason to know, is held by a West […]

§46A-6G-4. Sale or Possession of Enabling Software Prohibited

No person may sell, give or otherwise distribute or possess with the intent to sell, give or distribute software that: (1) Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information;

§46A-6G-5. Violations; Right of Action for Injunction, Damages

(a) No person or organization may initiate an unauthorized bulk electronic mail message in violation of this article. (b) A recipient of an unauthorized bulk electronic mail message in violation of this article may bring an action to recover actual damages for any injury sustained by the receipt of an unauthorized bulk electronic mail message. […]