Bill Text: IL HB3651 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Electronic Mail Act. Provides that restrictions concerning the sending of unsolicited or misleading electronic mail messages apply also to text messages. Defines "text message" as a message sent to a cellular telephone or pager equipped with short message service or any similar capability, whether the message is initiated as a short message service message or as an electronic mail message. Makes corresponding changes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2015-07-15 - Added Co-Sponsor Rep. Sue Scherer [HB3651 Detail]

Download: Illinois-2015-HB3651-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3651 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
815 ILCS 511/5
815 ILCS 511/10
Amends the Electronic Mail Act. Provides that restrictions concerning the sending of unsolicited or misleading electronic mail messages apply also to text messages. Defines "text message" as a message sent to a cellular telephone or pager equipped with short message service or any similar capability, whether the message is initiated as a short message service message or as an electronic mail message. Makes corresponding changes.
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A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Electronic Mail Act is amended by changing
Sections 5 and 10 as follows:
(815 ILCS 511/5)
Sec. 5. Definitions. As used in this Act:
"Electronic mail or text message advertisement" means any
electronic mail or text message, the principal purpose of which
is to promote, directly or indirectly, the sale or other
distribution of goods or services to the recipient.
"Text message" means a message sent to a cellular telephone
or pager equipped with short message service or any similar
capability, whether the message is initiated as a short message
service message or as an electronic mail message.
"Unsolicited electronic mail or text message
advertisement" means any electronic mail advertisement or text
message advertisement that (i) is addressed to a recipient with
whom the initiator does not have a prior or existing business
or personal relationship and (ii) is not sent at the request of
or with the express consent of the recipient.
"Electronic mail or text message service provider" means
any business or organization qualified to do business in

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Illinois that provides registered users the ability to send or
receive electronic mail or text messages through equipment
located in this State and that is an intermediary in sending or
receiving electronic mail or text messages.
"Initiation" of an electronic mail message or text message
refers to the action by the initial sender of the electronic
mail message or text message. "Initiation" does not refer to
the actions of any intervening electronic mail or text message
service provider that may handle or retransmit the electronic
mail message or text message.
"Registered user" means any individual or entity that
maintains an electronic mail or text message address with an
electronic mail or text message service provider.
"Electronic mail or text message address" means a
destination, commonly expressed as a string of characters, to
which electronic mail or text messages may be sent or
delivered.
"Internet domain name" refers to a globally unique,
hierarchical reference to an Internet host or service, assigned
through centralized Internet naming authorities, comprising a
series of character strings separated by periods, with the
right-most string specifying the top of the hierarchy.
(Source: P.A. 91-233, eff. 1-1-00.)
(815 ILCS 511/10)
Sec. 10. Unsolicited or misleading electronic mail and text

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messages; prohibition.
(a) No individual or entity may initiate or cause to be
initiated an unsolicited electronic mail or text message
advertisement if the electronic mail or text message
advertisement (i) uses a text message service provider's
equipment or uses a third party's Internet domain name without
permission of the third party, or otherwise misrepresents any
information in identifying the point of origin or the
transmission path of an electronic mail advertisement or (ii)
contains false or misleading information in the subject line.
(a-5) An initiator of an unsolicited electronic mail or
text message advertisement must establish a toll-free
telephone number or valid sender-operated return electronic
mail address that the recipient of the unsolicited electronic
mail or text message advertisement may call or electronically
mail or text message to notify the sender not to electronically
mail any further unsolicited electronic mail or text message
advertisements.
(a-10) An initiator of an unsolicited electronic mail or
text message advertisement is prohibited from selling or
transferring in any manner the electronic mail or text message
address of any person who has notified the initiator that the
person does not want to receive any further unsolicited
electronic mail or text message advertisements.
(a-15) Each unsolicited electronic mail or text message
advertisement's subject line shall include "ADV:" as its first

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4 characters. For any unsolicited electronic mail or text
message advertisement that contains information regarding the
lease, sale, rental, gift offer, or other disposition of any
realty, goods, services, or extension of credit, that may only
be viewed, purchased, rented, leased, or held in possession by
an individual 18 years of age and older, the subject line of
each and every message shall include "ADV:ADLT" as the first 8
characters.
(b) This Section applies when the unsolicited electronic
mail or text message advertisement is delivered to an Illinois
resident via an electronic mail or text message service
provider's service or equipment located in this State.
(c) Any person, other than an electronic mail or text
message service provider, who suffers actual damages as a
result of a violation of this Section committed by any
individual or entity may bring an action against such
individual or entity. The injured person may recover attorney's
fees and costs, and may elect, in lieu of recovery of actual
damages, to recover the lesser of $10 for each and every
unsolicited electronic mail or text message advertisement
transmitted in violation of this Section, or $25,000 per day.
The injured person shall not have a cause of action against the
electronic mail or text message service provider that merely
transmits the unsolicited electronic mail or text message
advertisement over its computer network.
(d) Any electronic mail or text message service provider

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who suffers actual damages as a result of a violation of this
Section committed by any individual or entity may bring an
action against such individual or entity. The injured person
may recover attorney's fees and costs, and may elect, in lieu
of recovery of actual damages, to recover the lesser of $10 for
each and every unsolicited electronic mail or text message
advertisement transmitted in violation of this Section, or
$25,000 per day.
(e) The provisions of this Section shall not be construed
to limit any person's right to pursue any additional civil
remedy otherwise allowed by law.
(f) An electronic mail or text message service provider
may, upon its own initiative, block the receipt or transmission
through its service of any unsolicited electronic mail or text
message advertisement that it reasonably believes is, or will
be, sent in violation of this Section.
(g) No electronic mail or text message service provider may
be held liable for any action voluntarily taken in good faith
to block the receipt or transmission through its service of any
unsolicited electronic mail or text message advertisement
which it reasonably believes is, or will be, sent in violation
of this Section.
(Source: P.A. 93-199, eff. 1-1-04.)