Ohio § 2307.64
Full text of Ohio Ohio Revised Code § 2307.64, with citation guidance and answers to common questions.
§ 2307.64.
(A) As used in this section: (1) “Advertisement” has the same meaning as in section 4931.10 of the Revised Code . (2) “Computer,” “computer network,” “computer program,” “computer services,” and “telecommunications
device” have the same meanings as in section 2913.01 of the Revised Code . (3) “ Electronic mail ” means an electronic message that is transmitted between two or more telecommunications
devices or electronic devices capable of receiving electronic messages, whether or
not the message is converted to hard copy format after receipt, and whether or not
the message is viewed upon the transmission or stored for later retrieval. “ Electronic mail ” includes electronic messages that are transmitted through a local, regional, or
global computer network. (4) “ Electronic mail advertisement ” means electronic mail containing an advertisement. (5) “ Electronic mail service provider ” means any person that is an intermediary in sending and receiving electronic mail
and that provides to users of electronic mail services the ability to send or receive
electronic mail. “ Electronic mail service provider ” includes an internet service provider. (6) “ Originating address ” means the string of characters used to specify the source of any electronic mail
message. (7) “Person” has the same meaning as in section 1.59 of the Revised Code , but when a person is not an individual, the person responsible for transmitting
or causing to be transmitted an electronic mail advertisement is the particular division
of the partnership, corporation, or other business entity actually responsible for
the transmission of the electronic mail advertisement. (8) “ Pre-existing business relationship ” means that there was a business transaction between the initiator and the recipient
of a commercial electronic mail message during the five-year period preceding the
receipt of that message. A pre-existing business relationship includes a transaction involving the free provision
of information, goods, or services requested by the recipient. A pre-existing business relationship does not exist after a recipient requests to
be removed from the distribution lists of an initiator pursuant to division (B) of
this section and a reasonable amount of time has expired since that request. (9) “ Receiving address ” means the string of characters used to specify a recipient with each receiving address
creating a unique and separate recipient. (10) “ Recipient ” means a person who receives an electronic mail advertisement at any one of the following
receiving addresses: (a) A receiving address furnished by an electronic mail service provider that bills for
furnishing and maintaining that receiving address to a mailing address within this
state; (b) A receiving address ordinarily accessed from a computer located within this state; (c) A receiving address ordinarily accessed by a person domiciled within this state; (d) Any other receiving address with respect to which the obligations imposed by this
section can be imposed consistent with the United States Constitution. (B)(1) Except as otherwise provided in division (B)(3) of this section, a person that transmits
or causes to be transmitted to a recipient an electronic mail advertisement shall
clearly and conspicuously provide to the recipient, within the body of the electronic
mail advertisement, both of the following: (a) The person's name and complete residence or business address and the electronic mail
address of the person transmitting the electronic mail advertisement; (b) A notice that the recipient may decline to receive from the person transmitting or
causing to be transmitted the electronic mail advertisement any additional electronic
mail advertisements and a detailed procedure for declining to receive any additional
electronic mail advertisements at no cost. The notice shall be of the same size of type as the majority of the text of the
message and shall not require that the recipient provide any information other than
the receiving address. (2) If the recipient of an electronic mail advertisement uses the procedure contained
in the notice described in division (B)(1)(b) of this section to decline to receive
any additional electronic mail advertisements, the person that transmitted or caused
to be transmitted the original electronic mail advertisement, within a reasonable
period of time, shall cease transmitting or causing to be transmitted to the receiving
address any additional electronic mail advertisements. (3) A person does not violate division (B) of this section if the person transmits or
causes to be transmitted to the recipient an electronic mail advertisement when any
of the following apply: (a) The person has a pre-existing business or personal relationship with the recipient. (b) The recipient has consented or has agreed as a condition of service to receive the
electronic mail advertisement. (c) The recipient receives the electronic mail advertisement because another recipient
forwarded the advertisement to that recipient via an internet web site or another
recipient made a direct referral of that recipient to receive the advertisement. (C) No person shall use a computer, a computer network, or the computer services of an
electronic mail service provider to transmit an electronic mail advertisement in contravention
of the authority granted by, or in violation of the policies related to electronic
mail advertisements set by, the electronic mail service provider if the electronic
mail service provider has provided the person notice of those policies. For the purposes of this division, notice of those policies shall be deemed sufficient
if an electronic mail service provider maintains an easily accessible web page containing
its policies regarding electronic mail advertisements and can demonstrate that notice
was supplied via electronic means between the sending and receiving computers. (D) No electronic mail service provider shall be liable for transmitting another person's
electronic mail advertisement through its service in violation of this section, or
shall be liable for any action it voluntarily takes in good faith to block the receipt
or transmission through its service of any electronic mail advertisement that it believes
is, or will be sent, in violation of this section. (E) A recipient of an electronic mail advertisement transmitted in violation of division
(B) of this section may bring a civil action against a person who transmitted that
advertisement or caused it to be transmitted. In that action, the recipient may recover the following: (1) One hundred dollars for each violation, not to exceed a total of fifty thousand dollars; (2) Reasonable attorney's fees, court costs, and other costs of bringing the action. (F) An electronic mail service provider whose authority or policy has been contravened
in violation of division (C) of this section may bring a civil action against a person
who transmitted that advertisement or caused it to be transmitted. In that action, the electronic mail service provider may recover the following: (1)(a) Fifty dollars for each violation of division (C) of this section, not to exceed fifty
thousand dollars; (b) If a violation of division (C) of this section is a willful or knowing violation,
the court may increase the amount recoverable to an amount not to exceed five hundred
thousand dollars. (c) If a violation of division (C) of this section is accompanied by a violation of division
(H) of this section, there shall be no limit on the amount that may be recovered pursuant
to this section. (2) Reasonable attorney's fees, court costs, and other costs of bringing the action. (G) In addition to any recovery that is allowed under division (E) or (F) of this section,
the recipient of an electronic mail advertisement transmitted in violation of division
(B) of this section or the electronic mail service provider of an advertisement transmitted
in violation of division (C) of this section may apply to the court of common pleas
of the county in which the recipient resides or the service provider is located for
an order enjoining the person who transmitted or caused to be transmitted that electronic
mail advertisement from transmitting or causing to be transmitted to the recipient
any additional electronic mail advertisement. (H) No person shall use a computer, a computer network, a computer program, or the computer
services of an electronic mail service provider with the intent to forge an originating
address or other routing information, in any manner, in connection with the transmission
of an electronic mail advertisement through or into the network of an electronic mail
service provider or its subscribers. Each use of a computer, a computer network, a computer program, or the computer
services of an electronic mail service provider in violation of this division constitutes
a separate offense. A person who violates this division is guilty of forgery under section 2913.31 of the Revised Code .
Frequently Asked Questions About Ohio § 2307.64
What does Ohio Revised Code § 2307.64 cover?
Section 2307.64 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2307.64?
A common citation format is "Ohio Revised Code § 2307.64" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2307.64 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.