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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:

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:

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.

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