MARYLAND COMMERCIAL LAW CODE
TITLE 14. MISCELLANEOUS CONSUMER PROTECTION PROVISIONS
SUBTITLE 30. COMMERCIAL ELECTRONIC MAIL
(Enacted in 2002)
§ 14-3001.
(a) 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.
(2) "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.
(a) 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.
