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Texas Business & Commerce Code - Section 46.003. Unsolicited Electronic Mail Messages

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 46.003. Unsolicited Electronic Mail Messages

§ 46.003. UNSOLICITED ELECTRONIC MAIL MESSAGES. (a) A person may not intentionally take any action to send an unsolicited commercial electronic mail message unless: (1) "ADV:" is used as the first four characters in the subject line of the message or, if the message contains any obscene material or material depicting sexual conduct, "ADV: ADULT ADVERTISEMENT" is used as the first word in the subject line of the message; and (2) the sender of the message or a person acting on behalf of the sender provides a functioning return electronic mail address to which a recipient may, at no cost to the recipient, send a reply requesting the removal of the recipient's electronic mail address from the sender's electronic mail list. (b) A sender shall remove a person's electronic mail address from the sender's electronic mail list not later than the 3rd day after the date on which the sender receives a request for removal of that address under Subsection (a)(2). Added by Acts 2003, 78th Leg., ch. 1053, § 1, eff. Sept. 1, 2003.

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Last modified: August 10, 2007