This bill introduces new regulations on electronic mail solicitation, setting specific requirements for unsolicited commercial emails and establishing penalties for non-compliance. It defines unsolicited commercial email, requires senders to maintain a valid return email address for opt-out requests, and mandates that such emails include a clear subject line identifier ("ADV:" or "ADV:ADLT" for adult content), sender information, and opt-out instructions. The bill prohibits the use of third-party internet addresses without consent and the falsification of email transmission information. Violations are considered unfair trade practices, with each unsolicited email constituting a separate offense. The bill outlines legal recourse for individuals and email service providers, including injunctions and damages, with the possibility of treble damages for willful or knowing violations. Email service providers are also permitted to block emails they believe violate these regulations without liability.
The fiscal note indicates that there are no deletions from current law. The bill will have a financial impact on the state, requiring additional staff resources for the Department of Justice to handle the expected high volume of complaints and investigations. The estimated costs for the necessary staff, including an attorney, an investigator, and a paralegal, are $188,000 for the second half of FY 2025, and increasing slightly in subsequent years. The bill does not provide funding to cover these expenditures, nor does it authorize new positions. The Judicial Branch anticipates an increase in litigation due to the bill but cannot estimate the exact impact on court filings. The act is set to take effect on January 1, 2025.