Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

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

Read a random definition: vadium

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?

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
Mr. Bad Fumbla
Bag
Dkk
16:01
Commits to kys when I commit to kms the same day. What a crazy november 5th.
[] baddestbunny
16:02
kms isn't even a t50 you should r&r
does anyone ever think about how we have no idea who everyone else here is? like you guys dont know me at all thats so crazy cause i talked to you more than ppl irl today
i'm a hallucination
the hat man
HopefullyInLawSchool
16:03
isnt r&r a t50?
keep popping benadryls and ill stay online
law school chat roulette
[] baddestbunny
16:04
living out the plot of the movie unfriended in the yale invite-only webinar
You were only invited to round out the numbers anyway lol
Dkk
16:05
I'm too old to r&r, just gunna kms rn.
Dkk
16:05
Gotta get this show on the road.
Dkk
16:05
Lmfao
JumpySubsequentDolphin
16:05
washu stop emailing me while I’m waiting for a decision challenge
[] baddestbunny
16:05
I'm not in their webinar I just thought it would be a funny thing to have happen
[] baddestbunny
16:05
bc I have a sense of whimsy and imagination
Ah, youre a worm gorl'
shaquilleoatmeal
16:07
battle of the bunnies
How bout dat ASU wave
letsseehowitgoesnow
16:08
bunny hows it looking out there?
[] baddestbunny
16:08
I just think it's weird when a make a joke about everyone in the yale webinar being tortured by a malevolent spirit and someone says you only got invited to round out the numbers
why
go off queen
[] baddestbunny
16:09
which number am I rounding out? 5'4 women who deserve to be tortured?
someone invited to the yale webinar would get it
[] baddestbunny
16:10
if you don't get invited to the yale webinar canada sends you an email letting u know you qualify for MAID
what's that
Send MA ID
LSD+ is ad-free, with DMs, discounts, case briefs & more.