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Did You Know?

A Quick Informational Blog About Law.

Commercial E-Mail

posted by Roger Samek in Commercial E-Mail April 25th, 2010

 

A person may not initiate the transmission, conspire with another person to initiate the transmission, or assist in the transmission of commercial electronic mail that: 

                (1) Is from a computer in  Maryland or is sent to an electronic mail address that the sender knows or should have known is held by a resident of Maryland; and  

                (2) Uses a third party’s Internet domain name or electronic mail address without the permission of the third party; Contains false or misleading information about the origin or the transmission path of the commercial electronic mail; or  (iii) Contains false or misleading information in the subject line that has the capacity, tendency, or effect of deceiving the recipient.

A person who violates the foregoing is liable for reasonable attorney’s fees and for damages:  (1) To the recipient of commercial electronic mail, in an amount equal to the greater of $500 or the recipient’s actual damages;  (2) To the third party without whose permission the third party’s Internet domain name or electronic mail address was used, in an amount equal to the greater of $500 or the third party’s actual damages; and (3) To an interactive computer service provider, in an amount equal to the greater of $1,000 or the interactive computer service provider’s actual damages.

 

Commercial Law Article of the Maryland Annotated Code, Title 14, Subtitle 30



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