Email Marketing (SPAM)

Commercial email marketing (SPAM) laws are governed by state and federal legislation. The federal Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM Act) primarily focuses upon unsolicited and deceptive commercial email. California Business and Professions Code § 17529, et seq., perhaps the nation’s toughest anti-SPAM statute, is preempted by the CAN-SPAM Act unless falsity or deception is present.

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