MARYLAND COMMERCIAL LAW CODE
TITLE 14.
MISCELLANEOUS CONSUMER PROTECTION PROVISIONS
SUBTITLE 30. COMMERCIAL
ELECTRONIC MAIL
(Enacted in 2002)
§ 14-3001.
In this subtitle the following words
have the meanings indicated.
(b)
(1) "Commercial electronic mail" means
electronic mail that advertises real property, goods, or services for sale or
lease.
(2) "Commercial
electronic mail" does not include electronic mail to which an interactive
computer service provider has attached an advertisement in exchange for free
use of an electronic mail account.
(c) (1) "Interactive computer service
provider" means an information service, system, or access software provider
that provides or enables computer access by multiple users to a computer
service.
"Interactive
computer service provider" includes a service or system that provides access
to the internet and systems operated or services offered by a library or
educational institution.
§ 14-3002.
This section does not apply to an
interactive computer service provider or a telecommunication utility to the
extent that the interactive computer service provider or the telecommunication
utility merely handles, retransmits, or carries a transmission of commercial
electronic mail.
(b) A person may not initiate the
transmission, conspire with another person to initiate the transmission, or
assist in the transmission of commercial electronic mail that:
(1) is from a computer
in the state or is sent to an electronic mail address that the sender knows or
should have known is held by a resident of the state; and
(2) (i) uses a third party's internet
domain name or electronic mail address without the permission of the third
party;
(ii) contains false
or misleading information about the origin or the transmission path of the
commercial electronic mail; or
(iii) contains false
or misleading information in the subject line that has the capacity, tendency,
or effect of deceiving the recipient.
(c) a person is presumed to know that the
intended recipient of commercial electronic mail is a resident of the state if
the information is available on request from the registrant of the internet
domain name contained in the recipient's electronic mail address.
(d) an interactive computer service
provider:
(1) may block the
receipt or transmission through its interactive computer service of commercial
electronic mail that it reasonably believes is or will be sent in apparent
violation of this section; and
(2) may not be held
liable for an action under item (1) of this subsection that is voluntarily
taken in good faith.
§ 14-3003.
A person who violates this subtitle is liable for
reasonable attorney's fees and for damages:
(1) to the recipient of
commercial electronic mail, in an amount equal to the greater of $500 or the
recipient's actual damages;
(2) to the third party
without whose permission the third party's internet domain name or electronic
mail address was used, in an amount equal to the greater of $500 or the third
party's actual damages; and
(3) to an interactive
computer service provider, in an amount equal to the greater of $1,000 or the
interactive computer service provider's actual damages.