Unsolicited Telecommunication Advertisement Act

The Act, approved December 16, 2002 and in force 90 days later, bars a person from initiating, conspiring to initiate, or assisting the transmission of an unsolicited commercial electronic mail message or fax from a computer or fax machine in Pennsylvania or to an electronic mail address, where the message uses a third party's Internet domain name in the return address without permission, carries false or misleading return-address information such that the recipient could not reply to the sender, carries false or misleading information in the subject line, or comes from a sender that fails to operate a valid return email address or toll-free number the recipient can use to ask it to stop.

A commercial electronic mail message is one sent to promote real property, goods or services, not counting one sent as a result of an established business relationship or one carrying an advertisement an interactive computer service attached, with the sender's agreement, in exchange for a free email account.

The Act also bars using a covered mobile telephone messaging system to transmit an unsolicited commercial electronic mail message, and bars falsifying or forging email, fax or wireless-advertisement routing information, misrepresenting or obscuring a message's point of origin or transmission path, and distributing software primarily designed to enable that falsification.

A wireless advertisement is a call or a text, graphic or image message sent through a wireless carrier to market goods or services, not counting one sent with the recipient's prior express invitation or permission or to a person with whom the caller has an established business relationship.

Its bars on a misused domain name and on false or misleading return-address, subject-line and routing information are framed as rules against falsity or deception, the kind of state email rule the CAN-SPAM Act's preemption clause leaves in force; the duty to operate a working return address or toll-free number is not framed that way. A violation is a violation of the Unfair Trade Practices and Consumer Protection Law, and the Attorney General may bring a civil-penalty and injunctive action.

An aggrieved Internet access provider, electronic mail service provider, or wireless telecommunication company, but not an individual message recipient, may sue to enjoin the violation and recover $1 to $10 for each unsolicited message received, each a separate violation, an amount the court may in its discretion increase up to $1,500,000 for a willful violation, plus reasonable attorney's fees and costs.

A person providing Internet access, electronic mail service, or wireless telecommunication service may, without incurring liability, block or filter mail it reasonably believes violates the Act.