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Simple English definitions for legal terms

CAN-SPAM Act of 2003: Enforcement by States

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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

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Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
BulbasaurNoLikeCardio
7:51
@texaslawhopefully: best prices and only fast food that doesn't make me sick
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