Legal Question in Criminal Law in Colorado

CAN-SPAM Act

I've got a contract to do some consulting for a company of questionable morals. They are using email as a method to drive traffic to their service in a very unique way. I've read the contents of the CAN-SPAM act and I'm not sure if I am in violation or not. Basically the idea is that they receive a number of emails generated based on false pretext. Mis-leading ads placed on websites and in print media. I'm providing a service of what amounts essentially to an auto-reply with further information and a link to their website. None of the content or routing information is forged.

The work is certainly questionable from a moral standpoint as the end user is under the impression that they are in communication with an individual rather than a business. My only concerns are the legality and if I am in violation of the CAN-SPAM act.

Further, it is worth pointing out that I am only facilitating this by providing the software and server capacity required. I am not the benefactor of the email marketing.

Any advice, or suggestions on where I can obtain advice, would be greatly appreciated.


Asked on 3/04/08, 1:39 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: CAN-SPAM Act

You describe several violations of the act, and although you are not the commercial emailer it is within the realm of possibility that you could be charged in a conspiracy to violate the act.

My advice: quit your day job.

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Answered on 3/05/08, 3:02 pm


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