SUMMARY--Provides that person who originates transmission of commercial electronic mail is liable to recipient for civil damages under certain circumstances. (BDR 3-723)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to actions concerning persons; providing that a person who originates
a transmission of commercial electronic mail is liable to the recipient for civil damages under certain circumstances; providing that the district court may enjoin
a person who originates a transmission of commercial electronic mail from originating additional transmissions of commercial electronic mail under certain circumstances; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. "Commercial electronic mail" means electronic mail transmitted for the purpose of soliciting a recipient to purchase real property, goods or services.
Sec. 4. "Electronic bulletin board" means a network comprised of one or more computers that may be reached by modem for the purpose of posting a message or file that may be viewed or copied by the general public.
Sec. 5. "Electronic mail" means an electronic message that is transmitted between two or more computers to a specific person, regardless of whether the message is viewed, stored for later retrieval or printed on paper by the person after receipt. The term does not include a message or file posted on an electronic bulletin board.
Sec. 6. "Originator" means a person who originates a transmission of commercial electronic mail.
Sec. 7. "Recipient" means a person who receives a transmission of commercial electronic mail.
Sec. 8. An originator is liable to a recipient for civil damages, unless the recipient:
1. Has a preexisting business or personal relationship with the originator;
2. Has expressly consented to receive commercial electronic mail from the originator; or
3. Through his conduct has demonstrated an interest in the type of real property, goods or services offered by the originator.
Sec. 9. 1. A recipient who has received commercial electronic mail originated in violation of section 8 of this act may apply to the district court of the county in which the commercial electronic mail was received for an order enjoining the originator from originating another transmission of commercial electronic mail to the recipient.
2. Upon a showing by the recipient that he has received commercial electronic mail originated in violation of section 8 of this act, the district court may issue a permanent or temporary injunction prohibiting the originator from originating another transmission of commercial electronic mail to the recipient.
Sec. 10. In addition to the remedies set forth in section 9 of this act, a recipient may recover from the originator:
1. Actual damages or damages of $10 per message received, whichever is greater; and
2. Attorney's fees.