Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

CAN-SPAM Act of 2003: Enforcement by States

Read a random definition: yea and nay

A quick definition of CAN-SPAM Act of 2003: Enforcement by States:

The CAN-SPAM Act of 2003 is a law that helps stop spam emails. It says that state officials can take legal action against people who send spam emails that have false information, misleading subject lines, sexually explicit content, or don't let you unsubscribe. The state officials can ask for money to fix the problem and stop the spammer from doing it again. The government can also help the state officials.

A more thorough explanation:

The CAN-SPAM Act of 2003 is a law that regulates commercial email messages and gives recipients the right to stop receiving them. Section 7(f) of the Act allows state attorneys general, officials, or agencies to take legal action on behalf of the citizens of their state to enforce certain provisions of the Act.

To bring a civil action, the state attorney general, official, or agency must have reason to believe that the interests of the residents of their state have been or are being threatened or adversely affected by a person who:

  1. Includes false or misleading information in a spam email
  2. Uses a deceptive subject line in a spam email
  3. Does not follow the legal requirements for emails containing sexually oriented material
  4. Does not allow recipients to opt-out of receiving spam

If the state's legal action is successful, they may be awarded injunctive relief, actual monetary damages, or statutory damages. The court may also award attorneys' fees to the state attorney general, official, or agency that brought the action. Federal regulators, such as the Federal Trade Commission, may also intervene in the legal action.

An example of a violation of the CAN-SPAM Act that a state attorney general could take legal action against is a company that sends out spam emails with false information in the "From" field, making it appear as if the email is from a different sender. This violates Section 5(a)(1) of the Act.

Another example is a company that sends out spam emails with a subject line that is misleading or deceptive, such as "You've won a prize!" when the recipient has not actually won anything. This violates Section 5(a)(2) of the Act.

A third example is a company that sends out emails containing sexually oriented material without following the legal requirements for such emails, such as including a warning label in the subject line. This violates Section 5(d) of the Act.

Finally, a company that does not provide a clear and easy way for recipients to opt-out of receiving future spam emails could be in violation of Sections 5(a)(3), (4), or (5) of the Act. For example, if a company requires recipients to log in to their account to unsubscribe or makes the unsubscribe link difficult to find, this could be a violation.

CAN-SPAM Act of 2003: Criminal Liability | CAN-SPAM Act of 2003: Legislative Context and Background

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
GodsPlanUltimately
22:47
Rationally that's what I thought but irrationally I was like crying throwing up did I mess it up lol
babycat
22:49
Lol you’re all good
GodsPlanUltimately
22:49
I'm assuming then for status checking eventually that the school emails you that information once LSAC finishes processing?
babycat
22:50
Yep
GodsPlanUltimately
22:50
Thank you ╱|、 (˚ˎ 。7 |、˜〵 じしˍ,)ノ
GodsPlanUltimately
22:50
Just stressing because this is my first and only app.
GodsPlanUltimately
22:53
Does the CAS Report send once the school requests it or do I have to send it ?
babycat
23:02
It sends automatically
babycat
23:02
Why only one app?
GodsPlanUltimately
23:06
I'm in a dual degree program that my undergraduate has where if you meet a gpa and percentile you can have your senior year be your L1 ! Cuts off a year of time and money and the partner was my top pick for law anyways. It all just worked out and since it's ED can't really apply anywhere else because the L1 transfers back to complete my degree. :)
babycat
23:14
oh that’s nice! I guess you have a high degree of certainty about the process then
Dkk
0:10
Welcome. About to eat another ghost pepper. @babycat
Dkk
0:27
God my mouth is burning so much
@babycat: A few things. I mean, for one, this is my fifth year of undergrad (graduating with a dual BA/MA), so I don't think academically I'm incredibly behind or anything. Beyond, that I've explored other fields, and for the very niche area of public interest work I am interested in, law is the only way I can make a substantiative difference so why not start now.
And also my other options just are not great. I could take a shit paying job at a think tank, I was offered a job at, but I don’t find the work interesting. Or I could continue in academia, getting a phd, but again just not especially interested in academic philosophy.
I would say more, but I am very close to doxxing myself if I haven’t already.
Dkk
1:02
5th year at 19. That is amazing.
Dkk
1:02
So you started when you were 14. Wow.
Dkk
1:11
I tried to find you but if still in school, other names pop up first. Do you drink alcohol? If not, you should start drinking to catch up to me. @texas
I started at 15
turning 20 this year
or well very beginning of next year
Dkk
1:15
My best advice is to start learning wine and cocktails asap. Take the introductory and certified sommelier exam as soon as you hit 21.
Dkk
1:16
I could not find you with that information. You are still probably pretty safe. Though I did not use all my search engines or filters.
@Dkk: That is good. Granted I don't think being doxxed would be the end of the world, but who knows.
And, yeah, I have drinken a little bit over the last couple of years (what college student hasn't), but not a massive fan
Dkk
1:24
That is cus college people drink like idiots. I was not a fan at my first college and I did not start drinking until I was 22.5. The art of Sommelier stuff though is less about drinking and more about thought process. Kind of a puzzle like a logic game. Same with cocktails. You will love it if you hate college type drinking.
Dkk
1:25
It's something to do outside of the things you mentioned, it is useful for networking, and it will help you in law school. It will help you find exactly what you want to do in law school.
LSD+ is ad-free, with DMs, discounts, case briefs & more.