13-65-101. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

As used in this chapter:

(1)"Advertiser" means a person who advertises the person's product, service, or website through the use of commercial email.

(2)"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.

(3)"Division" means the Division of Consumer Protection.

(4)"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.

(5)"Electronic mail service provider" means a company or a service that provides routing, relaying, handling, storage, or support for email addresses and email inboxes.

(6)"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.

(7)"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.

(a)"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.

(b)"Initiator" does not include a person whose activities are a routine conveyance.

(9)"Preexisting or current business relationship" means a situation where the recipient has:

(a)made an inquiry and provided an email address; or

(b)made an application, a purchase, or a transaction, with or without consideration, related to a product or a service offered by the advertiser.

(10)"Recipient" means an addressee of an unsolicited email.

(11)"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.

(12)"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.

(13)"Utah email address" means an email address that :

(a)is 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)is ordinarily accessed from a computer located in this state;

(c)is provided to an individual who is currently a resident of this state; or

(d)results in delivery of an email to a server in Utah.

Amended by Chapter 170 , 2024 General Session