Utah Code > Title 13 > Chapter 65 > Part 2 – Restrictions on Commercial Email
Current as of: 2023 | Check for updates
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Other versions
§ 13-65-201 | Prohibited uses of email |
§ 13-65-202 | Cause of action |
§ 13-65-203 | Enforcement |
Terms Used In Utah Code > Title 13 > Chapter 65 > Part 2 - Restrictions on Commercial Email
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Advertiser: means a person who advertises the person's product, service, or website through the use of commercial email. See Utah Code 13-65-101
- Budget: means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures. See Utah Code 17-36-3
- Commercial email: means an email used primarily to:
(a) advertise or promote a commercial website, product, or service; or (b) solicit money, property, or personal information. See Utah Code 13-65-101 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Division: means the Division of Consumer Protection. See Utah Code 13-65-101
- Domain name: means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. See Utah Code 13-65-101
- Electronic mail service provider: means a company or a service that provides routing, relaying, handling, storage, or support for email addresses and email inboxes. See Utah Code 13-65-101
- Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101 - Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Header information: means information attached to an email, including:
(a) the originating domain name; (b) the originating email address; (c) the destination; (d) the routing information; and (e) any other information that appears in the header line identifying, or purporting to identify, a person initiating the message. See Utah Code 13-65-101 - Initiate: means an act of:
(a) originating, transmitting, or sending commercial email; or (b) promising, paying, or providing other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101 - Initiator: means a person who:
(i) originates, transmits, or sends commercial email; or (ii) promises, pays, or provides other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101 - Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101 - Person: means :Utah Code 68-3-12.5
- Recipient: means an addressee of an unsolicited email. See Utah Code 13-65-101
- Routine conveyance: means an Internet service provider's or email provider's automatic electronic mail message processes, including routing, relaying, handling, or storing through an automatic technical process, for which a person other than the Internet service provider or email provider has identified the electronic mail message recipients and provided the recipients' addresses. See Utah Code 13-65-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Unsolicited commercial email: means a commercial email sent by an advertiser to a recipient that:
(a) has not provided direct consent to the advertiser to receive the commercial email; and (b) does not have a preexisting or current relationship with the advertiser. See Utah Code 13-65-101 - Utah email address: means an email address that is:
(a) provided by an electronic mail service provider that sends bills for providing and maintaining that email address to a mailing address in this state; (b) ordinarily accessed from a computer located in this state; or (c) provided to an individual who is currently a resident of this state. See Utah Code 13-65-101