Text: SF02124 Text: SF02126 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 714E.1, subsection 3, paragraph a, 1 2 subparagraph (2), Code 2003, is amended to read as follows: 1 3 (2) Notwithstanding subparagraph (1), a person who 1 4 transmits or causes to be transmitted electronic mail in 1 5 violation of subsection 2 is liable to the recipient of the 1 6 electronic mail for monetary damages in an amount equal to any 1 7 actual damages, including lost profits, caused by such 1 8 transmittal. The recipient, in lieu of actual damages, may 1 9 elect to recover from the person transmitting or causing to be 1 10 transmitted such electronic mail the greater of ten dollars 1 11 for each bulk electronic mail message transmitted to the 1 12 recipient in violation of this section, orfive hundredone 1 13 thousand dollars. In addition to the monetary damages, the 1 14 recipient is also entitled to costs and reasonable attorney 1 15 fees. 1 16 EXPLANATION 1 17 This bill relates to civil damages recoverable against a 1 18 person who sends certain electronic mail transmissions, 1 19 commonly referred to as E-mail. 1 20 Under the bill, a person who sends bulk electronic mail in 1 21 violation of Code chapter 714E.1, subsection 2, is liable to 1 22 the recipient in the amount of $10 for each bulk electronic 1 23 mail message sent or $1,000, whichever is greater. Current 1 24 law provides that a person sending the bulk electronic mail 1 25 transmission is liable in the amount of $10 for each bulk 1 26 electronic transmission sent to the recipient or $500, 1 27 whichever is greater. 1 28 LSB 5863SS 80 1 29 jm/sh/8
Text: SF02124 Text: SF02126 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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