Commercial Email, SPAM, and the CAN-SPAM Act
It is very important to seek the assistance of an attorney who understands the legal implications and ramifications of spam laws, the most important of which is that CAN-SPAM Act.
The CAN-SPAM Act is codified under 15 U.S.C. § 7701-7713. Contrary to the belief of many, the CAN-SPAM Act does not prohibit sending spam emails. Instead, it imposes certain requirements. These mandatory requirements include the use of accurate email subject lines and transmission information, opt-out procedures where recipients can elect not to receive additional emails from the sender, mandatory time frames for the removal of users who elect to opt-out, and a prohibition of improper email harvesting.
But, what happens when a sender complies with all the requirements of CAN-SPAM? Can an ISP still refuse to deliver compliant email messages to the intended recipients?
Non-compliance with CAN-SPAM will probably result in criminal prosecution under SPAM laws and other cyber crime laws, but compliance does not guarantee that an overzealous ISP will deliver the legally compliant emails to its intended recipients.
Our attorneys understand Spam Laws and the CAN-SPAM Act. If you or your business needs the advice of a spam attorney, we are ready to assist you. We frequently advise businesses to structure their commercial email campaign in a manner that adequately manages business risk and limits business liability. We frequently deal with all civil and criminal aspects of commercial bulk email, for example:
- A business requests the services of an Internet lawyer with CAN-SPAM compliance understanding to make sure that its commercial email campaign is properly implemented.
- An individual receives a cease and desist letter from an attorney accusing him of sending illegal spam emails and demanding a large amount of monetary damages. The cease and desist letter also threatens civil and criminal prosecution. A commercial email spam defense lawyer evaluates the situation and responds to the baseless allegations of sending illegal commercial email.
- An individual faces criminal charges alleging that he sent thousands of spam email in violation of state and federal law. A spam email defense attorney analyzes the electronic evidence and forensic records to build an effective defense.