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: RCE

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
TheMidwestMonger
14:29
Sorry, I meant the far right and their reaction lol
I live in alabama if she wins it's gonna be crazy here
14:30
same as last time whine that it was rigged go to court lose every time
good thing im bouncing next year
oh yeah
JumpySubsequentDolphin
14:31
why won’t ASU send my scholly info ☹️
WorthlessAttractiveZombie
14:31
they sent mine about 3 hours after i got the initial acceptance video thing
I just wanna hear back from them
14:31
the adcomm office got there at 10 am took a two hour lunch at 12 and left at 3:30 -- trust me im from the year 2076
lol
WorthlessAttractiveZombie
14:32
lavender, they should usually get back within a month of going complete
okie doke, thank u!
JumpySubsequentDolphin
14:35
@WorthlessAttractiveZombie: good to know! I thought I missed SMTH bc someone told me they got their admissions packet before the video lol
BulbasaurNoLikeCardio
14:35
I got school that have me under review for over a month... just hope it puts me in their first wave of As
TackyProudYogurt
14:39
Anyone know if asu releases decisions all at once or if they trickle out throughout the day?
WorthlessAttractiveZombie
14:39
I'm pretty sure it's a trickle because they send you a personalized video too
TackyProudYogurt
14:40
Ah okay so I do need to continue refreshing my email every 10 seconds
WorthlessAttractiveZombie
14:40
I would say potentially. I received my email/video around noon eastern time, and I've seen people get it past 5pm eastern
coolgirl
14:40
Does anyone know if pending decision means I’ll get a response soon? My status changed
WorthlessAttractiveZombie
14:41
oooh which school?
TheMidwestMonger
14:42
^^
BulbasaurNoLikeCardio
14:42
@coolgirl: does it say that on the lawhub portal? My one A this cycle it said pending decision on their applicant portal and that they will email me in 24hrs the results.
coolgirl
14:43
FAMU
coolgirl
14:44
I got pending decision a week ago on my portal but haven’t seen any updates since
JumpySubsequentDolphin
14:45
@WorthlessAttractiveZombie: yours was personalized?! mine wasn’t 🙁
BulbasaurNoLikeCardio
14:45
That would kill my soul, see other people in that schools specific chat saying the same thing. Maybe they give a decision by mail?
WorthlessAttractiveZombie
14:50
@JumpySubsequentDolphin: I mean the dean just said my name and that was it but it’s still technically personalized
JumpySubsequentDolphin
14:51
she didn’t say my name 😀
JumpySubsequentDolphin
14:51
she was like congrats see you soon
WorthlessAttractiveZombie
14:52
I also did apply super early and got my decision early so maybe they just had more time in september
LSD+ is ad-free, with DMs, discounts, case briefs & more.