§ 52-570c — Action for transmission of unsolicited facsimile or telephone messages. Unsolicited electronic mail advertising material.

Connecticut § 52-570c

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 925: Statutory Rights of Action and Defenses

Text

(a) No person shall use a machine that electronically transmits facsimiles through connection with a telephone network or a device that automatically transmits a recorded telephone message to transmit unsolicited advertising material or an unsolicited telephone message which offers to sell goods or services. (b) (1) No person shall send unsolicited advertising material by electronic mail, or cause such material to be sent by electronic mail, to an electronic mail address held by a resident of this state unless: (A) Such person identifies in the electronic mail a toll-free telephone number or a valid return electronic mail address that the recipient may use to unsubscribe or otherwise notify the sender to not send any further unsolicited electronic mail, and (B) the subject line begins with the letters “ADV”. (2) Notwithstanding the provisions of subdivision (1) of this subsection, no person or entity shall send by electronic mail, or cause to be sent by electronic mail, unsolicited advertising material upon notification by a recipient of such recipient's request to not receive any further such material. (3) For purposes of this subsection, (A) “person” does not include an electronic mail service provider, as defined in section 53-451 , or an Internet access provider, (B) “Internet access provider” means a person who provides underlying network facilities utilized in the transmission of Internet services, and (C) electronic mail has “unsolicited advertising material” if it includes an advertisement for products or services and is sent without the consent of the recipient by a person with whom the recipient does not have an established business relationship, and electronic mail does not have “unsolicited advertising material” if the sender has the consent of the recipient to send such mail to the receiver, or if the sender has a prior or existing business relationship formed by voluntary communication between the sender and the recipient with or without an exchange of consideration, in response to the recipient's inquiry about, application for, purchase of or use of products or services offered by the sender. (c) The provisions of this section shall not apply to tax-exempt nonprofit organizations or to political or candidate committees or candidates or solicitors, as defined in chapter 155. (d) Any person aggrieved by a violation of the provisions of this section may bring a civil action in the Superior Court to enjoin further violations and for five hundred dollars for each violation, together with costs and a reasonable attorney's fee. No such action shall be brought but within two years from the date of the act complained of. For purposes of this subsection, each electronic mail sent in violation of subsection (b) of this section constitutes a separate and distinct violation.

Legislative History

(P.A. 89-103, S. 1; P.A. 90-282, S. 3, 4; P.A. 03-128, S. 2.) History: P.A. 90-282 amended Subsec. (a) by prohibiting use of device that automatically transmits unsolicited telephone message and amended Subsec. (b) by imposing two-year deadline from date of act complained of for bringing action; P.A. 03-128 added new Subsecs. (b) and (c) re the sending of unsolicited electronic mail advertising material and re application of section, redesignated existing Subsec. (b) as new Subsec. (d) and amended same to authorize a $500 civil damages award, costs and reasonable attorney's fee, specify that each electronic mail sent in violation of section constitutes a separate and distinct violation and making conforming changes.