Senate Majority Leader Frederick E. Berry (D-Peabody) announced that the Massachusetts Senate today passed legislation to significantly reduce the amount of junk mail computer users receive via e-mail. The legislation would provide protections for consumers from unwanted e-mails by placing new restrictions on companies sending such e-mails. “Anyone using e-mail knows how annoying these advertisements are. They flood your in-box with some pretty outrageous ads,” said Senator Berry. “It’s especially troubling to me that young children are exposed to very explicit sexual material through these ads.”

The legislation passed today by the Senate would make it illegal to:

• Send unsolicited commercial e-mail messages that do not disclose a valid return e-mail address for the sender,
• Falsify transmission or routing information for unsolicited e-mails,
• Use a third party’s Internet address or domain name without their consent,
• Fail to include a legal name and address for the sender,
• Include false or misleading information in the subject line,
• Fail to use the characters ADV or ADV:ADLT in the subject of an unsolicited e-mail,
• Fail to comply with a discontinuation notice from an unsolicited recipient.

The bill also requires all commercial e-mail messages to clearly notify the recipient as to how they can discontinue receipt of the unsolicited message.

The legislation passed by the Senate allows for a recipient or an e-mail provider to bring an action for damages under the state Consumer Protection Act for money damages for violations. A maximum fine of $500 per message, in addition to reasonable attorneys' fees and costs, may be assessed against the sender. Other civil remedies may also be sought under any other applicable law.

Senator Berry concluded his remarks “I see this legislation as a logical follow-up to legislation we passed last year limiting telemarketing calls. People should not have to take time away from their family dinner to answer telemarketing calls and they should not have to waste precious free time scrolling through unwanted e-mail advertisements.”