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Simple English definitions for legal terms

What can states (and state-funded organizations) regulate?

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A quick definition of What can states (and state-funded organizations) regulate?:

States and state-funded organizations can regulate certain aspects of spam emails, but it depends on how courts interpret state anti-spam regulations in relation to the federal CAN-SPAM Act. Some state laws, such as those related to consumer protection and deceptive content, can survive preemption challenges. However, if state laws differ too much from the CAN-SPAM Act, they may be preempted and create confusion about which laws apply to commercial email.

A more thorough explanation:

States and state-funded organizations can regulate certain aspects of commercial email, but the extent of their regulation depends on how courts interpret state anti-spam regulations in relation to the CAN-SPAM Act.

For example, if a state university is also an "internet access service" provider, its anti-solicitation IT policy (which may prescribe the blocking of spam emails) may survive a preemption challenge. Additionally, state law claims for violation of consumer protection acts, deceptive content, and ISP claims for fraud and deception may also survive CAN-SPAM preemption analysis.

However, the CAN-SPAM Act preempts state law claims that differ from its provisions in ways that could create confusion about the law that applies to commercial email. For instance, if a state law required additional disclosures beyond what the CAN-SPAM Act mandates, it could be preempted.

Examples of state regulation of commercial email include:

  • A state law that requires commercial emails to include a physical mailing address for the sender, in addition to the opt-out mechanism required by the CAN-SPAM Act. This law would likely be preempted because it goes beyond the requirements of the federal law.
  • A state law that prohibits false or misleading subject lines in commercial emails. This law would likely survive preemption because it is consistent with the CAN-SPAM Act's prohibition on deceptive subject lines.

These examples illustrate how states can regulate certain aspects of commercial email, but their regulations must be consistent with the requirements of the CAN-SPAM Act to avoid preemption.

wet reckless | What is the CAN-SPAM Act?

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18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
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.
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