HB 183 -- Unsolicited Commercial E-mail

Co-Sponsors:  Willoughby, Johnson (90), Sager, Whorton,
Cunningham (86), Skaggs, Harris (23), Walker, Jolly

This bill requires the Attorney General to develop and maintain a
list of consumers who have registered their objection to
receiving unsolicited commercial e-mail.  Rules must be
promulgated by February 1, 2004, and no one may transmit
unsolicited e-mail to list members after July 1, 2004.  Replies
to messages sent by the consumer and e-mail from senders that
have an ongoing business relationship with the consumer are
exempt.  Funding to establish and administer the list may be
appropriated from the Merchandising Practices Revolving Fund and
other sources.  The bill also requires anyone who sends
commercial e-mail to any consumer in Missouri to identify
themselves clearly at the beginning of the message.

The Attorney General may initiate proceedings against violators,
impose injunctions and civil penalties of up to $5,000 for each
violation, and seek additional relief.  Violators are also
subject to penalties provided in merchandising practices law.
State courts may exercise personal jurisdiction over
nonresidents.  The statute of limitations is two years, and
Internet service providers that carry unsolicited e-mail
initiated by others are not liable for violations.

Missouri House of Representatives
Last Updated July 25, 2003 at 10:11 am