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Texas Business & Commerce Code

§ 321.052 — REQUIREMENT FOR TRANSMISSION OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL MESSAGES

BC § 321.052Title 10. USE OF TELECOMMUNICATIONS · Part B. ELECTRONIC COMMUNICATIONS · Ch. 321. REGULATION OF ELECTRONIC MAIL · Art. B. PROHIBITED AND REQUIRED CONDUCT

Statute text

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(a)A person may not intentionally take an action to transmit an unsolicited commercial electronic mail message unless:
(1)"ADV:" appears first in the subject line of the message or, if the message contains obscene material or material depicting sexual conduct, "ADV: ADULT ADVERTISEMENT" appears first in the subject line; and
(2)the sender or a person acting on behalf of the sender provides a functioning return electronic mail address to which a recipient of the message 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 third day after the date the sender receives a request for removal of that address under Subsection (a)(2).

Legislative history

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Source: Texas Business & Commerce Code § 321.052 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.