Stop Spam from Ruining Your Email Inbox

West Virginia lawyers explain CAN-SPAM violations

Anyone with an email account knows how frustrating it can be to get SPAM emails. These unsolicited emails flood your inbox, waste your time, and worry you about what viruses might apply if you open them. Congress, in 2003, passed a law called the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM) to control these unwanted emails.

At Paulson & Nace, PLLC, our West Virginia consumer protection lawyers explain what the CAN-SPAM law is, what your rights are, and how this email scourge can be stopped. We represent consumers and West Virginia residents in many consumer privacy and consumer protection matters. We want you to open your email with the joy of reading friendly personal or welcome business email instead of reading and deleting worthless junk.

CAN-SPAM Act basics

The CAN-SPAM law regulates commercial email messages, including advertisements and promotions. The law is enforced by the Federal Trade Commission (FTC). The rules that marketing companies and businesses must follow are:

  • Ability to unsubscribe. Recipients of unsolicited emails must be told they can unsubscribe to the emails and how they can unsubscribe. All requests to opt-out must be honored by the sender within 10 business days. Opt-out lists cannot be then used to back-door any new solicitations.
  • Content requirements. The email subject line cannot be deceptive. The email must include a physical address or P.O. Box address of the sender. The email has to make clear that it is an advertisement.
  • Sending requirements. The email has to include the unsubscribe option below the main message and the email must contain at least one sentence.

Some exceptions do apply. These include political messages, religious messages, and national security messages.

The CAN-SPAM law applies to all sizes of email marketing businesses. Sexually explicit material must be handled with additional caution, such as a “brown paper wrapper.” The law allows the FTC to create a “Do Not Email List” akin to the Do Not Call list, which the FTC authorizes in the Telephone Consumer Protection Act.

The Paulson and Nace legal team knows that the law is meant to regulate deception. Honest ads that are unsolicited are usually acceptable, provided they let the reader opt-out of future emails. A lawyer at Paulson & Nace can explain all the particulars of the law.

CAN-SPAM violation remedies

The CAN-SPAM Act does not give West Virginia residents a direct right to sue companies that send SPAM. Rather, the law allows the FTC to bring criminal actions. Consumers can file a complaint with the FTC or through the West Virginia attorney general’s office. The FTC or state attorney can file a criminal complaint when there are multiple violations of the CAN-SPAM law. The FTC and West Virginia can also impose civil penalties and enforce the law by forcing the sender to stop sending the illegal emails. Numerous civil and criminal complaints have already been filed.

Unsolicited SPAM is a waste of valuable time, and is downright annoying. Companies and senders should obey the law and common decency and stop sending emails designed to harass email users. To get more information about the CAN-SPAM law and discuss what can be done to stop these emails, call the West Virginia law office of Paulson & Nace today.

Discuss the CAN-SPAM Act with a West Virginia attorney today

Paulson & Nace, PLLC’s distinguished family of attorneys offers the compassionate, personal, and professional attention you deserve.  We are widely recognized throughout West Virginia for both our comprehensive legal services and our aggressive advocacy. When you choose a consumer protection lawyer from our practice to represent you, you are choosing a team that values families and family relationships. Please call 304-741-8079 or fill out our contact form to tell us your story in a no-obligation consultation. Our office is located at 3501 Maccorkle Ave SE, Charleston, WV 25304.

We have dedicated our lives to helping individuals who have suffered because of consumer protection violations. Let our family help you in your time of need.

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