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HB 1957

$DCEO-TECH

104th Regular Session Introduced by Tony McCombie

Act 847 expands protections against unsolicited commercial and sexually explicit messages, requiring clear sender info and opt-out options for consumers in Arkansas.

Rule 19(b) / Re-referred to Rules Committee
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Bill Summary · HB 1957

Summary of House Bill 1957 (Act 847)

Overview

House Bill 1957, now known as Act 847, was introduced in the Arkansas General Assembly on April 1, 2025. The primary purpose of this legislation is to amend the existing Unsolicited Commercial and Sexually Explicit Electronic Mail Prevention Act to extend its protections to include unsolicited commercial and sexually explicit text messages.

Key Provisions

The bill introduces several significant changes to the current law:

  1. Title Change:

    • The act is now referred to as the “Unsolicited Commercial and Sexually Explicit Electronic Mail and Text Message Prevention Act.”

  2. Definitions:

    • Preexisting Business Relationship: The definition has been updated to specify that a business relationship exists if there has been a transaction or communication within the five-year period preceding the receipt of the message.
    • Unsolicited: Clarified to mean messages sent without the recipient's express permission, except when a preexisting relationship exists.
    • Text Message: Defined as a message transmitted to or from a device identified by a ten-digit telephone number, which can include text, images, and sounds.

  3. Sender Requirements:

    • Senders of unsolicited commercial or sexually explicit messages must:
      • Clearly state their legal name, street address, and valid internet domain name for emails.
      • For text messages, disclose the sender's identity, the purpose of the message, and provide an opt-out mechanism.
      • Include specific subject lines for sexually explicit emails (e.g., “adv:adult”).

  4. Opt-Out Mechanism:

    • Recipients must be provided with a convenient, no-cost method to opt out of future messages.

  5. Prohibitions:

    • Senders are prohibited from using misleading information regarding the origin of the message and must respect opt-out requests from recipients.

  6. Service Provider Authority:

    • Interactive computer services, email service providers, and phone service providers are granted the authority to block messages they believe violate the act.

Impact

The enactment of HB 1957 will primarily affect:
- Consumers: Individuals receiving unsolicited commercial and sexually explicit messages will have greater protections and clearer options to opt out.
- Businesses: Companies sending such messages will need to comply with the new requirements, ensuring transparency and respect for consumer preferences.
- Service Providers: Providers will have the authority to block unwanted messages, enhancing their role in protecting consumers.

Legislative Timeline

  • April 1, 2025: Bill introduced.
  • April 9, 2025: Bill passed in the House and sent to the Senate.
  • April 14, 2025: Senate amendment adopted; bill passed.
  • April 15, 2025: Bill correctly enrolled and transmitted to the Governor.
  • April 17, 2025: Notification that HB 1957 is now Act 847.

This legislation aims to modernize Arkansas's approach to unsolicited electronic communications, addressing the growing prevalence of text messaging as a marketing tool.

Compiled from official sources — confirm details with the bill’s official record.

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