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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.
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:
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