NJ Bill Would Require Spam to Be Labeled

Posted on by Chief Marketer Staff

Senders of unsolicited e-mail to New Jersey residents would be required to label their solicitations “advertisements” according to legislation just introduced by Democratic Assemblywoman Barbara Buono.

The notice must, according to the measure, include the letters “ADV:” as the first four characters on the “subject line of each and every message” sent to residents in the state by all New Jersey-based companies.

It would also require solicitations to individuals over the age of 18 to include “ADV:ADLT” as the first eight characters on the message’s subject line to help parents keep obscene or racy materials from being seen or read by children.

Additionally, the bill would require unsolicited e-mail senders to provide the public with a way of stopping further unsolicited e-mails without cost.

Violators face civil penalties of up to $500 for a first offense and not more than $1,000 for each subsequent violation.

Buono, who is also a lawyer, told DIRECT Newsline that she introduced the legislation and five related measures because of growing public concern about personal privacy and the fact that “New Jersey doesn’t have a law on its books addressing the onslaught of unsolicited e-mail….which needs to be regulated even though it provides an expedient form of advertising and communication [and] interferes with our businesses and private lives [because of] The wealth of personal information that’s being accumulated on the Internet without the knowledge or permission of individuals.”

The five other measures Buono introduced seek to protect the personal information of New Jersey residents, including credit card numbers and other financial data from embezzlement and unauthorized use; prohibit anyone from impersonating another by computer in the state; and authorize civil lawsuits for both compensatory and punitive damages in addition to investigative and litigation costs.

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