Navigation

• Current page is 1: Overview

• 2: CAN-SPAM
• 3: State Spam Laws
• 4: Defending Against Spam Litigation
• 5: Compliance With CAN-SPAM
• 6: CAN-SPAM Cases
• 7: Mobile Marketing & CAN-SPAM
• 8: Frequently Asked Questions

To compete in today’s economy, nearly every business must use some form of online marketing. Often, a business relies on email to communicate with existing and prospective customers. A business may email advertisements to potential customers, email promotions to existing customers, or send out administrative emails such as bills or account updates. All businesses that rely on email marketing, whether large or small, must comply with the requirements of state and federal anti-spam laws. The failure to do so can subject a business to criminal sanctions and massive civil liability.

The various anti-spam laws apply regardless of the size of the company, the nature of its business, or the number of emails it has sent. Whether a company is an e-commerce business that relies exclusively on email to market its services or a mom-and-pop store that is breaking into online marketing, the various anti-spam laws govern that business’s emailing practices. It is therefore essential that all businesses familiarize themselves with the anti-spam laws before engaging in email marketing.

What makes compliance with these laws particularly tricky in the first instance, is the amorphous definition of the term “spam.” Not only have the different state and federal laws adopted different definitions of unlawful emails, but several different industry watchdogs have adopted conflicting definitions. As a consequence, it’s possible to send an email that violates the rules of an industry watchdog, but which is nonetheless legal. It is also possible to send an email that violates one law but complies with another. Because of this complexity, it is essential for any business that relies on email marketing to understand the nuances of the anti-spam laws.

Moreover, any business that relies on email marketing must also be prepared to defend a lawsuit should it be named as a defendant. The last couple of years have witnessed an explosion in anti-spam litigation, as plaintiffs’ lawyers seek to capitalize on the harsh damages provision in the anti-spam laws. Businesses must become aware of the threat of such lawsuits and prepare accordingly. A combination of compliance efforts and coordination with savvy legal counsel can reduce the likely costs a business will face if it is forced to litigate.