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 […]
44-1372.01. Regulations; powers of attorney general; cumulative remedies; applicability 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. […]
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 […]
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 […]
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 […]
44-1372.05. Violation; classification A person who violates this article is guilty of a class 2 misdemeanor.
