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:: Do You Have a Case? :: Hiring An Attorney :: Statute of Limitations :: Glossary

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Anti-Spam Law

A new anti-spam law was passed by the United States and went into effect on January 1, 2004. Under this new law, CAN-SPAM, marketers must remove customers from their lists when requested, they must provide automated opt-out methods as well as complete contact information (address and phone) with alternate means of removal. This law bans common spamming practices such as false headers and email harvesting (the use of software that spiders websites to collect email addresses). Subject lines must be truthful and contain a notice that the message is an ad.

CAN-SPAM required truthful email header information (including the from line), accurate subject lines, an opt out tool that works 30 days after mailing, that opt-out requests happen within 10 days, that emails have a physical postal address in all messages, that the messages are labeled as advertisements, and that warnings are displayed for email with sexually oriented material.

Anti-Spam Lawsuits

On March 10, 2004, four of the nation's largest e-mail providers sued hundreds of online marketers under a new CAN SPAM legislation. The lawsuits, filed by EarthLink Inc., Microsoft Corp., Yahoo Inc., and America Online, mark the first time the law has been tested since going into effect in January 2004.

Six lawsuits were filed claiming the defendants obscured their identities and used other deceptive tactics to send out hundreds of millions of pitches for get-rich-quick schemes, pornography and other types of spam. The defendants allegedly falsified return addresses, routed their messages through other computers to cover their tracks, and engaged in deceptive advertising. One group of defendants in Canada allegedly sent nearly 100 million messages to Yahoo customers in January alone and resold the e-mail addresses of those who responded.