Attorney general to initiate proceedings for violation
The Missouri attorney general can take legal action against someone who knowingly breaks the state's anti-spam email laws. That person can be fined up to $5,000 per violation, with a cap of $25,000 per day. Internet and email service providers are not in trouble if they simply pass along spam emails without knowing, or if they try to block spam in good faith. A case must be started within two years of when the violation was discovered.
407.1141. to initiate s for violation — penalties — s — , when. — 1. The attorney general may initiate proceedings relating to a of sections 407.1135 to 407.1141. Such proceedings may include an , a up to a maximum of five thousand dollars for each knowing violation, not to exceed twenty-five thousand dollars per day, in any . The attorney general may , issue , , and conduct hearings in the course of investigating a violation of sections 407.1135 to 407.1141.
2. In addition to the penalties provided in 1 of this section, any person or that violates sections 407.1135 to 407.1141 shall be subject to all penalties, and procedures provided in sections 407.010 to 407.130. The remedies available in this section are and in addition to any other remedies available by law. Any recovered this section shall be credited to the .
3. It shall be a defense in any brought pursuant to this section that the has established and implemented, with , reasonable practices and procedures to effectively prevent the transmission of messages in violation of section 407.1138.
4. No action or proceeding may be brought pursuant to this section:
(1) More than two years after the person bringing the action knew or should have known of the of the ; or
(2) More than two years after the of any proceeding or action arising out of the same violation or violations by the state of Missouri, whichever is later.
5. A court of this state may exercise over any or his or her or as to an action or proceeding by this section in the manner otherwise provided by law.
6. No , electronic mail , or shall be for violations of section 407.1138 when:
(1) It is an between the sender and recipient in the transmission of an email that violates sections 407.1135 to 407.1141; or
(2) It provides transmission of unsolicited commercial electronic mail messages over the provider's or facilities; or
(3) It voluntarily takes action to block the receipt or transmission through its service of any electronic mail advertisements that it believes are, or will be, sent in violation of sections 407.1135 to 407.1141.
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Source & history notes
(L. 2003 H.B. 228 § 407.1147)
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