Missouri Revised Statutes













Chapter 407

Merchandising Practices

←407.1135

Section 407.1138.1

407.1141→

August 28, 2015

Prohibited acts--rulemaking authority, attorney general.

407.1138. 1. It shall be a violation of this section for any person or

entity who initiates the transmission of any commercial electronic mail

message to any subscriber in this state to provide a false identity or false

or misleading information in the subject line.



2. It shall be a violation of this section for any person that sends an

unsolicited commercial electronic mail message to fail to use the exact

characters "ADV:" as the first four characters in the subject line of the

unsolicited commercial electronic mail message.



3. It shall be a violation of this section for any person that sends an

unsolicited commercial electronic mail message that contains obscene material

as defined in section 573.010 or references a website that contains obscene

material to fail to use the exact characters "ADV:ADLT" as the first eight

characters in the subject line of the unsolicited commercial electronic mail

message that contains obscene material.



4. It shall be a violation of this section to initiate the transmission

of any unsolicited commercial electronic mail to a subscriber in this state

who has notified a sender not to initiate the transmission of any further

unsolicited commercial electronic mail. For purposes of this subsection, a

subscriber is deemed to have notified a sender not to initiate the

transmission of any further unsolicited commercial electronic mail if the

subscriber:



(1) Replies to a sender at the valid sender-operated return electronic

mail address or the sender's toll-free telephone number with directions not

to initiate the transmission of any further unsolicited commercial electronic

mail as provided in section 407.1123; or



(2) Otherwise gives actual notice to a sender not to initiate the

transmission of further unsolicited commercial electronic mail; or



(3) Notifies the attorney general if a sender fails to provide a

toll-free telephone number or valid sender-operated return electronic mail

address as required by section 407.1123.



5. The attorney general shall promulgate rules and regulations as he or

she deems necessary and appropriate to fully implement the provisions of

sections 407.1135 to 407.1141.



(L. 2003 H.B. 228 § 407.1144)







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