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Senate advances amended anti-spam bill after floor fight over attorney fees and ISP liability
Summary
The Utah Senate advanced second substitute Senate Bill 59 (anti-spam) to third reading after adopting clarifications that exclude web banner/pop-up ads, tighten the sender definition, require a 'reasonable' opt-out window and raise statutory damages. Senators split on proposed changes to who can recover attorney fees; the amendment to let fees go both ways was defeated.
The Utah Senate on Feb. 20 moved second substitute Senate Bill 59, a revision to last year’s unsolicited-commercial-email law, to the third-reading calendar after extended debate and amendments.
Sponsor Senator Arendt said the bill clarifies the statute’s original scope and updates several definitions and remedies. "We said that if there's not a prior business relationship, then at the beginning of the subject line, they would put ADV for advertisement," she said, describing the law’s notice requirement and the importance of a valid opt-out mechanism. The substitute clarifies that web-based banner and pop-up…
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