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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