Legal Definitions - Table 3: U.S. States with Laws Specific to Commercial Email and Spam

This concept refers to the specific laws enacted by individual U.S. states to regulate the sending of commercial email and to combat unsolicited bulk email, commonly known as spam. While many states have historically passed such legislation, a significant portion of these state-level regulations have been preempted by the federal Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM Act) of 2003. Preemption means that the federal law takes precedence, overriding state laws that cover the same subject matter. However, states may still retain authority to regulate certain aspects of commercial email not explicitly covered by CAN-SPAM, or to enforce the federal law itself, particularly regarding fraudulent or deceptive practices.

• Example 1: Multi-state Email Marketing Campaign

  A large online retailer based in Oregon sends out millions of promotional emails each week to potential customers located across all 50 U.S. states.

  How it illustrates the term: Even if states like New York or Florida have their own anti-spam laws, the federal CAN-SPAM Act would primarily govern this multi-state marketing campaign. The Oregon retailer would need to comply with CAN-SPAM's requirements (e.g., providing a clear opt-out mechanism, including a valid physical postal address, using truthful subject lines). Most state-specific commercial email laws would be preempted, meaning they would not apply to this interstate activity, ensuring a single federal standard for legitimate commercial emailers.

• Example 2: Deceptive Email Practices Within a Single State

  A small, local business operating solely within Arizona sends out emails with misleading subject lines and false claims about its products to Arizona residents, making it intentionally difficult for recipients to unsubscribe.

  How it illustrates the term: While the federal CAN-SPAM Act would apply to this business, the Arizona Attorney General could also take action. CAN-SPAM specifically allows states to enforce its provisions and to enact or enforce laws prohibiting fraud or deception, even if those laws relate to commercial email. Therefore, Arizona could pursue the business under its general consumer protection laws or specific anti-spam provisions that target deceptive practices, as these types of state actions are generally not preempted by CAN-SPAM.

• Example 3: State-Specific Regulation of Non-Email Electronic Messages

  The state of Washington passes a law regulating unsolicited commercial text messages sent to its residents, requiring explicit consent before such messages can be sent.

  How it illustrates the term: While the CAN-SPAM Act primarily focuses on *email*, states may have the ability to regulate other forms of electronic commercial messages, such as text messages or faxes, if those areas are not explicitly covered by federal law. This example demonstrates that while email-specific laws are largely preempted, states can still legislate in related digital communication areas where federal law has not asserted dominance, or where their laws address different mediums or specific types of deceptive practices not directly covered by CAN-SPAM's preemption scope.