Sponsored by:
Senator JON M. BRAMNICK
District 21 (Middlesex, Morris, Somerset and Union)
Senator PAUL D. MORIARTY
District 4 (Atlantic, Camden and Gloucester)
Co-Sponsored by:
Senator Diegnan
SYNOPSIS
Requires sender of commercial electronic mail message to include unsubscribe mechanism in message.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the transmission of commercial electronic mail messages and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person or entity in the State that initiates or authorizes the transmission of a commercial electronic mail message shall provide an unsubscribe mechanism within each commercial electronic mail message.
b. A person or entity in the State that initiates or authorizes the transmission of a commercial electronic mail message shall only require a recipient of a commercial electronic mail message to activate the unsubscribe mechanism in order to request not to receive future commercial electronic mail messages from the person or entity, and the person or entity shall not require a recipient to provide the recipient’s electronic mail address to activate the unsubscribe mechanism.
c. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a person or entity in the State that initiates or authorizes the transmission of a commercial electronic mail message to violate the provisions of this act.
d. As used in this section:
“Commercial electronic mail message” means an electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.
“Unsubscribe mechanism” means a clear, conspicuous, and functional electronic mechanism, including but not limited to a button or hyperlink, that allows a recipient to submit a request not to receive future commercial electronic mail messages from a person or entity.
2. This act shall take effect on the 90th day next following enactment.
STATEMENT
This bill requires a person or entity in the State that initiates or authorizes the transmission of a commercial electronic mail message to include an unsubscribe mechanism within each commercial electronic mail message. Under the bill, the recipient of a message would only be required to activate the unsubscribe mechanism in order to request not to receive future commercial electronic mail messages from the person or entity, and a person or entity would be prohibited from requiring a recipient to provide an electronic mail address to activate the unsubscribe mechanism.
A violation of the bill’s provisions would be an unlawful practice under the consumer fraud act, and would be punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. Additionally, a violation of the consumer fraud act can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.