Current through the 2023 Legislative Sessions
Section 51-27-03 - [Contingent Expiration Date - See Note] Unpermitted or misleading electronic mail - Violation of consumer protection law1. It is a violation of chapter 51-15 to conspire with another person to initiate the transmission or to initiate the transmission of a commercial electronic mail message that:a. Uses a third-party's internet domain name without permission of the third party or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; orb. Contains false or misleading information in the subject line.2. It is a violation of chapter 51-15 to assist in the transmission of a commercial electronic mail message if the person providing the assistance knows, or consciously avoids knowing, that the initiator of the commercial electronic mail message is engaged, or intends to engage, in any act or practice that violates chapter 51-15.As provided by section S.L. 2003, ch. 439, § 2, this section becomes ineffective upon the effective date contained in the certification of federal legislation that preempts state regulation of false, misleading, or unsolicited commercial electronic mail message from the Governor to the Legislative Council.