| SPAM
On August 1, 2002 Ohio Governor Bob Taft signed into law a bill
that restricts the transmission of unwanted e-mail advertisements
– otherwise known as “spam.” The law enacts a
prohibition and requirements that focus on the transmission of e-mail
advertisements. These prohibition and requirements have associated
civil enforcement remedies or criminal penalties. To avoid such
penalties, your business must be aware of and comply with this new
state law.
The law requires the sender to reveal, within the body of the e-mail
advertisement, the person’s name and complete residence or
business address and the electronic mail address of the person transmitting
the electronic mail advertisement. Additionally, the advertisement
must include a notice that the recipient may decline to receive
any additional electronic mail advertisements. This notice should
also provide a detailed procedure for declining to receive any additional
electronic mail advertisements at no cost. To avoid ambiguities
and confusion, it is required that the sender make the notice the
same size of type as the majority of the text of the message. Furthermore,
the notice cannot require that the recipient provide any information
other than the receiving address.
If the recipient provides the sender with notice of its desire to
decline to receive any additional electronic mail advertisements,
the sender, within a reasonable period of time, must stop transmitting
to the receiving address any additional electronic mail advertisements.
The above provision is not violated where the sender has a pre-existing
business or personal relationship with the recipient; the recipient
has consented or has agreed as a condition of service to receive
the electronic mail advertisement, or the recipient receives the
advertisement as the result of another recipient’s forwarding
of the message or another recipient made a direct referral of that
recipient to receive the advertisement.
A computer, computer network, or the computer services of an electronic
mail service provider may not be used to transmit an e-mail advertisement
in contravention of the authority granted by, or in violation of
the policies related to e-mail advertisements sent by, the e-mail
service provider if the e-mail service provider has provided the
sender with notice of these policies.
A recipient of an e-mail advertisement sent in violation of this
law may seek financial compensation from the sender. The recipient
may recover $100 for each violation, not to exceed a total of $50,000.
Additionally, a court may award reasonable attorney’s fees,
court costs, and other costs of bringing the action against the
sender. Moreover, an e-mail service provider may bring a civil action
against the person or business who caused transmission of the advertisement.
In such a case, the provider may recover $50 for each violation,
not to exceed $50,000. However, where a sender’s violation
of the internet service provider’s policies is willful or
knowing, the court may increase the amount to an award as high as
$500,000. Finally, the recipient may apply to the court of common
pleas for an injunction against the sender.
The use of a computer, a computer network, a computer program, or
the computer services of an e-mail service provider with the intent
to forge an originating address or other routing information is
considered forgery. Each use in violation of this law constitutes
a separate offense. Where forgery is accompanied by a violation
of a notice of policies provided by an e-mail service provider,
there is no limit on the amount that may be recovered.
Although Ohio’s new spam law does not prohibit the sending
of unwanted e-mail advertisements, it does provide for stiff fines
and potential criminal liability for those businesses who do not
comply with its requirements. To protect your business, you should
become familiar with the requirements of this new law, and adjust
your e-mail advertisement policies accordingly.
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These policies and procedures are provided without warranty, express
or implied, as to their legal effect and completeness. We advise
you to consult with an attorney to modify the policies and procedures
on this website to address the particular needs of your business
and to determine whether you may require additional documents, which
are not contained on this website.
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