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California Business and Professions Code Section 17529.5

Legal Research Home > California Laws > Business and Professions Code > California Business and Professions Code Section 17529.5

17529.5.  (a) It is unlawful for any person or entity to advertise
in a commercial e-mail advertisement either sent from California or
sent to a California electronic mail address under any of the
following circumstances:
   (1) The e-mail advertisement contains or is accompanied by a
third-party's domain name without the permission of the third party.
   (2) The e-mail advertisement contains or is accompanied by
falsified, misrepresented, or forged header information. This
paragraph does not apply to truthful information used by a third
party who has been lawfully authorized by the advertiser to use that
information.
   (3) The e-mail advertisement has a subject line that a person
knows would be likely to mislead a recipient, acting reasonably under
the circumstances, about a material fact regarding the contents or
subject matter of the message.
   (b) (1) (A) In addition to any other remedies provided by any
other provision of law, the following may bring an action against a
person or entity that violates any provision of this section:
   (i) The Attorney General.
   (ii) An electronic mail service provider.
   (iii) A recipient of an unsolicited commercial e-mail
advertisement, as defined in Section 17529.1.
   (B) A person or entity bringing an action pursuant to subparagraph
(A) may recover either or both of the following:
   (i) Actual damages.
   (ii) Liquidated damages of one thousand dollars ($1,000) for each
unsolicited commercial e-mail advertisement transmitted in violation
of this section, up to one million dollars ($1,000,000) per incident.
   (C) The recipient, an electronic mail service provider, or the
Attorney General, if the prevailing plaintiff, may also recover
reasonable attorney's fees and costs.
   (D) However, there shall not be a cause of action under this
section against an electronic mail service provider that is only
involved in the routine transmission of the e-mail advertisement over
its computer network.
   (2) If the court finds that the defendant established and
implemented, with due care, practices and procedures reasonably
designed to effectively prevent unsolicited commercial e-mail
advertisements that are in violation of this section, the court shall
reduce the liquidated damages recoverable under paragraph (1) to a
maximum of one hundred dollars ($100) for each unsolicited commercial
e-mail advertisement, or a maximum of one hundred thousand dollars
($100,000) per incident.
   (3) (A) A person who has brought an action against a party under
this section shall not bring an action against that party under
Section 17529.8 or 17538.45 for the same commercial e-mail
advertisement, as defined in subdivision (c) of Section 17529.1.
   (B) A person who has brought an action against a party under
Section 17529.8 or 17538.45 shall not bring an action against that
party under this section for the same commercial e-mail
advertisement, as defined in subdivision (c) of Section 17529.1.
   (c) A violation of this section is a misdemeanor, punishable by a
fine of not more than one thousand dollars ($1,000), imprisonment in
a county jail for not more than six months, or both that fine and
imprisonment.
Section: Previous  17529  17529.1  17529.2  17529.3  17529.4  17529.5  17529.8  17529.9  Next

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Last modified: March 17, 2014