ARIZONA REVISED STATUTES
TITLE 44. TRADE AND COMMERCE
CHAPTER 9. TRADE PRACTICES GENERALLY
ARTICLE 16. COMMERCIAL ELECTRONIC MAIL
Added by 2003 S.B. 1280 (approved May 16, 2003)
44-1372. Definitions
In this article, unless the context otherwise requires:
1. "Commercial electronic mail" means electronic mail sent for the purpose of encouraging the
purchase or rental of, or investment in, property, goods or services.
2. "Electronic mail" means an electronic message, executable program or computer file containing an
image of a message that is transmitted between two or more computers or electronic terminals and
includes electronic messages that are transmitted within or between computer networks.
3. "Electronic mail service provider" means any person who is an intermediary in sending or
receiving electronic mail and who provides to end users of electronic mail services the ability
to send or receive electronic mail.
4. "Established business relationship" means a prior or existing relationship formed by a
voluntary communication between a person or entity and the recipient, with or without an exchange
of consideration, on the basis of an inquiry, application, purchase or use by the recipient
regarding products or services offered by the person or entity.
5. "Sender" means a person who initiates an unsolicited commercial electronic mail.
6. "Unsolicited commercial electronic mail" means a commercial electronic mail message sent,
without the consent of the recipient, by a person with whom the recipient does not have an
established business relationship.
44-1372.01. Regulations; powers of attorney general; cumulative remedies
A. A person shall not knowingly transmit commercial electronic mail if any of the following apply:
1. The person falsifies electronic mail transmission information or other routing information
for unsolicited commercial electronic mail.
2. The mail contains false or misleading information in the subject line.
3. The person uses a third party's Internet address or domain name without the third party's
consent for the purpose of transmitting electronic mail in a way that makes it appear that the
third party was the sender of the mail.
B. If a person sends unsolicited commercial electronic mail or maintains a database for the
purpose of sending unsolicited commercial electronic mail, the person shall do the following:
1. Use the exact characters "ADV:" as the first four characters in the subject line of
the unsolicited commercial electronic mail.
2. Provide a procedure that allows recipients, at no cost to the recipients, to easily do both
of the following:
(a) remove themselves from the sender's electronic mail address lists so the recipients are not
included in future electronic mailings from the sender.
The sender shall have three business days to remove the recipient's electronic mail address
from the sender's electronic mail address lists so the recipients are not included in
future electronic mailings from the sender.
(b) restrict the future sale or transfer of the recipient's electronic mail address information
to another person or organization for the purpose of sending commercial electronic mail.
C. Failure to comply with this article is an unlawful practice pursuant to section 44-1522. The
attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7
of this title.
D. This article is in addition to all other causes of action, remedies and penalties available
to this state.
E. The prohibitions in this section shall apply to any person doing business in this state and to
any person who transmits a commercial electronic mail message by any of the following:
1. From a computer located in this state.
2. To an electronic mail address that the sender knows, or has reason to know, is held by a resident of this state.
3. To an interactive computer service with equipment or its principal place of business in this state.
44-1372.02. Damages
A. A person whose property or person is injured because of a violation of this article may recover
for any damages sustained, including loss of profits, and the costs incurred from the suit.
B. If an injury results from the intentional transmission of unsolicited commercial electronic
mail, the injured person may recover attorney fees and costs and may choose, instead of receiving
actual damages, to recover ten dollars for each unsolicited commercial electronic mail message
transmitted in violation of this article or twenty-five thousand dollars, whichever is less.
This subsection does not apply to an electronic mail service provider.
C. Nothing in this article creates a cause of action or a right to bring an action against the
electronic mail service provider for transmitting unsolicited commercial electronic mail over
the computer network.
D. If an injury results from the intentional transmission of unsolicited commercial electronic
mail, an injured electronic mail service provider may recover attorney fees and costs and may choose,
instead of receiving actual damages, to recover ten dollars for each unsolicited commercial
electronic mail message transmitted in violation of this article or twenty-five thousand dollars,
whichever is greater.
44-1372.03. Court proceedings; secrecy
At the request of any party to an action brought pursuant to this section, the court may conduct
all legal proceedings in a manner to protect the secrecy and security of the computer, computer
network, computer data, computer program and computer software involved in order to prevent
possible recurrence of the same or similar act by another person and to protect any trade secrets
of any party.
44-1372.04. Applicability
A. This article does not apply to electronic mail messages if any of the following applies:
1. The sender is an organization using electronic mail to communicate exclusively with either
of the following:
(a) members of the organization.
(b) employees or contractors of the organization, or both.
2. The sender has the consent of the recipient.
3. The sender has an established business relationship with the recipient.
4. The commercial electronic mail message is the result of an error.
5. An interactive computer service provider has attached an advertisement to the message in exchange
for use of an electronic mail account or if the sender has agreed to the arrangement.
B. This article does not apply to an electronic mail service provider if either of the following apply:
1. The electronic mail service provider is an intermediary between the sender and the recipient
in the transmission of electronic mail.
2. The electronic mail service provider transmits unsolicited commercial electronic mail over
the provider's computer network or facilities.
C. An electronic mail service provider shall not be liable for any action it voluntarily takes
in good faith to block the receipt or transmission through its service of any electronic mail
advertisements that it believes is or will be sent in violation of this article.
44-1372.05 Violation; classification
A person who violates this article is guilty of a Class 2 misdemeanor.
