Legal Question in Technology Law in California

SPAM question

I was wondering if someone can clarify the SPAM laws in California. I am sending promotional emails that comply with the federal CAN-SPAM act of 2003. Can I continue to do this if the email originates in CA? The CA law states that ''any'' non-solicited email is considered SPAM. Am I in violation or does the Federal law supercede the CA state law? Also, I have had some of these emails blocked by ISP's within CA that quote the California SPAM laws as a reason. If the Federal laws take precedence can the ISP legally do this?


Asked on 11/22/04, 2:34 pm

1 Answer from Attorneys
Timothy J. Walton Internet Attorney

Re: SPAM question

Even if you are fully in compliance with CAN-SPAM, you may still run afoul of state laws, including California's spam law. CAN-SPAM allows states to regulate misleading advertising. California has set a penalty of $1,000 per email for violations. Washington state and other jurisdictions also have large penalties for misleading email soliticitations.

If you wish to discuss spam regulation with more specificity, I would be happy to talk with you on the telephone. I can be reached at (650) 566-8500.

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Answered on 11/22/04, 5:39 pm


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