BILL NUMBER: SB 1383	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bowen

                        FEBRUARY 12, 2002

   An act to add Section 17538.35 to the Business and Professions
Code, relating to electronic mail.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1383, as introduced, Bowen.  Electronic mail: service
providers.
   Existing law regulates the sending of unsolicited electronic mail
advertisements.
   This bill would require an electronic mail service provider to
give a customer notice of termination at least 30 days prior to
terminating service, unless the termination is the result of customer
nonpayment or the result of a voluntary disconnection by the
customer.  The bill would authorize a customer to bring an action in
small claims court against an electronic mail service provider that
violates these provisions for either actual damages or liquidated
damages of $50.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17538.35 is added to the Business and
Professions Code, to read:
   17538.35.  (a) A provider of electronic mail service shall provide
a customer with notice of termination at least 30 days prior to
terminating service.
   (b) The requirement of subdivision (a) does not apply in either of
the following circumstances:
   (1) Service termination is the result of customer nonpayment for
service.
   (2) The disconnection of service is voluntary on the part of the
customer.
   (c) A customer may bring an action in small claims court against
the provider of electronic mail service for a violation of
subdivision (a) and may seek either actual damages, or liquidated
damages in the amount of fifty dollars ($50).  The provisions of this
section shall be in addition to any other remedies or penalties
available at law.