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Section: 407.1135 Definitions. Rsmo 407.1135


Published: 2015

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Missouri Revised Statutes













Chapter 407

Merchandising Practices

←407.1132

Section 407.1135.1

407.1138→

August 28, 2015

Definitions.

407.1135. As used in sections 407.1135 to 407.1141, the following words

and phrases mean:



(1) "Commercial electronic mail", an electronic mail message sent for

the purpose of encouraging the purchase or rental of, or investment in,

property, goods, or services;



(2) "Electronic mail address", a destination, commonly expressed as a

sequence of characters, to which commercial electronic mail may be sent or

delivered;



(3) "Established business relationship", an existing relationship formed

by a voluntary communication between a person or entity and the recipient

with or without an exchange of consideration, on the basis of an inquiry,

application, purchase, or use by the recipient regarding products or services

offered by such person or entity;



(4) "Initiate the transmission", the action by the original sender of an

unsolicited commercial electronic mail solicitation that results in receipt

by a subscriber of that solicitation, including commercial electronic mail

received by a subscriber which was sent by a third party at the request of or

direction of the original sender;



(5) "Subscriber", any person, corporation, partnership, or other entity

who has subscribed to an interactive computer service and has been designated

with one or more electronic mail addresses;



(6) "Unsolicited commercial electronic mail", a commercial electronic

mail message sent without the consent of the recipient, by a person with whom

the recipient does not have an established business relationship, other than:



(a) A commercial electronic mail message responding to an inquiry from a

subscriber who has requested further information and provided a commercial

electronic mail address;



(b) A commercial electronic mail message initiated by a person licensed

by the state of Missouri to carry out a trade, occupation, or profession who

is setting or attempting to set an appointment for actions related to that

licensed trade, occupation, or profession;



(c) A commercial electronic mail message sent to a subscriber that was

in an established business relationship with the sender, including a parent

or subsidiary business organization of the sender that shares the same brand

name, within the previous twenty-four months unless the recipient requests to

be removed from the entity's electronic mail list in accordance with section

407.1123;



(d) A commercial electronic mail communication sent to a subscriber from

an original sender which is a bank, farm credit service, or credit union

shall not be considered unsolicited commercial electronic mail for purposes of

sections 407.1135 to 407.1141;



(e) A commercial electronic mail message that is sent to a subscriber

from an original sender who has a personal relationship with the subscriber;

or



(f) A commercial electronic mail message from the original sender that

is indirectly received by a subscriber when another subscriber voluntarily

forwards that communication without the knowledge of the original sender and

without any consideration provided by the original sender to the subscriber

forwarding the communication.



(L. 2003 H.B. 228)







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