SPAM EMAIL – BPC 17529.5 / NRS 41.730(3)
In the late 1990s and early 2000s, many states passed anti-spam email statutes to protect the residents of their respective states from the intrusions of spam email. However, in 2003, the federal CAN-SPAM Act was signed into law which preempted all state laws regulating spam email—except for those laws which prohibit “falsity or deception.”
California’s anti-spam law, Business & Professions Code section 17529.5, is not preempted by the CAN-SPAM Act. California’s anti-spam statute specifically prohibits spam sent to or from a California email address under these circumstances:
- (1) The e-mail advertisement contains or is accompanied by a third-party’s domain name without the permission of the third party.
- (2) The e-mail advertisement contains or is accompanied by falsified, misrepresented, or forged header information. This paragraph does not apply to truthful information used by a third party who has been lawfully authorized by the advertiser to use that information.
- (3) The e-mail advertisement has a subject line that a person knows would be likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the contents or subject matter of the message.
Recipients of spam email that violates this section may recover actual damages and liquidated damages of $1,000 per spam plus attorney fees and costs.
Similarly, Nevada’s anti-spam law, Nevada Revised Statute 41.730(3), has not been ruled by any court to be preempted. Nevada’s anti-spam statute specifically prohibits spam emails which:
- (a) Disguised the source of the advertisement;
- (b) Used false or misleading information in the subject line of the electronic mail;
- (c) Provided a false return address;
- (d) Ignored requests made by the recipient to decline receiving additional electronic mail;
- (e) Provided a false address for declining additional electronic mail from the person; or
- (f) Obtained the electronic mail address of the recipient through a method that was not authorized by the recipient
Recipients of spam email that violates this section may recover actual damages or $500 per spam—whichever is greater—plus attorney fees and costs.
If you are a California or Nevada resident and you receive spam email you may have a potential action against one or more spammers or advertisers.
Contact us today!