Full text of Utah Utah Code § 13-65-101 — Definitions., with citation guidance and answers to common questions.
§ 13-65-101. Definitions.
Effective 5/1/2024 13-65-101.
Definitions. 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.
(8)
(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.
Section 13-65-101 ("Definitions.") is part of the Utah Code, the codified statutory law of Utah. 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 Utah § 13-65-101?
A common citation format is "Utah Code § 13-65-101" (Utah). 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 Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 13-65-101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
