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CA AB2546

Bill

Status

Engrossed

5/31/2018

Primary Sponsor

Edwin Chau

Click for details

Origin

State Assembly

2017-2018 Session

AI Summary

  • Expands the definition of "commercial email advertisement" to include emails promoting stocks, bonds, sweepstakes, insurance, employment opportunities, and other solicitations (excluding charitable or political solicitations).

  • Expands the definition of "preexisting or current business relationship" to include situations where a recipient has interacted with commonly branded companies of the advertiser, not just the advertiser itself.

  • Prohibits commercial email advertisements from containing falsified or misrepresented postal addresses, business names, or unsubscribe links in the message body, and prohibits using third-party domain names or email addresses without permission.

  • Authorizes district attorneys, city attorneys, and individual recipients to bring enforcement actions (in addition to the Attorney General and email service providers), with courts able to award liquidated damages up to $1,000 per violation ($1 million per incident) and reasonable attorney's fees.

  • Makes violations a misdemeanor punishable by up to $1,000 fine and/or six months county jail time.

Legislative Description

Commercial email advertisements.

Last Action

Ordered to inactive file at the request of Assembly Member Chau.

8/29/2018

Committee Referrals

Appropriations6/28/2018
Judiciary6/19/2018
Business, Professions and Economic Development6/13/2018
Rules6/4/2018
Appropriations4/5/2018
Privacy and Consumer Protection3/5/2018

Full Bill Text

No bill text available