The CAN-SPAM Act

Publication Date

Spring 4-16-2025

Presentation Length

20 minutes

College

College of Liberal Arts & Social Sciences

Department

Management

Student Level

Undergraduate

Faculty Advisor

Cheryl Black

Presentation Type

Article

Summary

Privacy Law Guide for CAN-SPAM MGT 2410 – Class Time: 9:00am Students: 1. Joy Gadalla 2. Lake Morris 3. Angel Sabchareun 4. Elisabeth Williams 1. Overview of the Law o What is the full name of the law, and when was it enacted? o What is its primary purpose? Who does it protect, and what types of personal information are covered? • Full Name and Enactment Date: The full name of the law is the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003,” commonly known as the CAN-SPAM Act. It was enacted on December 16, 2003. • Primary Purpose: The primary purpose of the CAN-SPAM Act is to regulate the transmission of unsolicited commercial electronic mail (email) messages, commonly referred to as “spam,” and to establish requirements for commercial messages, provide recipients with the right to have senders stop emailing them, and outline penalties for violations. • Protection and Covered Information: The Act protects individual recipients of commercial emails by prohibiting deceptive or misleading information in email headers and subject lines. It requires that commercial emails include clear identification as advertisements, a valid physical postal address of the sender, and a clear and conspicuous opt-out mechanism. Source Citation: Wikipedia Link to Source: https://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003 2. Who Must Comply? o What types of businesses, organizations, or individuals are required to follow this law? 1. Any business or corporations that sends commercial emails such as Non-profit organizations, online marketers, service providers, any individual who is sending commercial emails 2. Transactional based emails such as digital receipts or order confirmations however they cannot containany misleading information o Are there any exemptions? If so, who is exempt?: 1. Transactional based emails such as digital receipts or order confirmations however they cannot containany misleading information 2. Personal Emails are also exempt0 Source Citation: CAN-SPAM Act: A Compliance Guide for Business Link to Source: https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business?utm_source=chatgpt.com 3. Rights and Responsibilities o What rights does this law grant to individuals whose data is protected? It grants individuals the right to opt out of future commercial emails they’ve received. Senders must also provide a clear opt out. o What obligations does it place on businesses and organizations to ensure compliance? The senders cannot use false or misleading header information, deceptive subject lines, and must identify the message as an advertisement. They are also required to include a valid physical postal address and honor opt-out requests promptly. Source Citation: United States Congress. (2003). Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, 15 U.S.C. §§ 7701-7713 Link to Source: https://www.congress.gov/bill/108th-congress/senate-bill/877/text 4. Enforcement and Penalties o Who has the authority to enforce this law (e.g., government agencies, individuals, or other entities)? The enforcement of the CAN-SPAM Act is primarily handled by government agencies, but other entities also play a role. o What legal actions can be taken against violators, and what are the potential penalties (civil and/or criminal)? :Violators of the CAN-SPAM Act can face both civil and criminal penalties, depending on the nature of the violation.This can lead to fines up to 50K and or 5 years of imprisonment. Source Citation: Federal Trade Commission Link to Source: https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business 5. Remedies for Non-Compliance o What remedies are available for violations of this law? o How are affected individuals or entities compensated, and what penalties can be imposed on violators? Available Remedies: Remedies for violations of the CAN-SPAM Act include: ~ Civil actions brought by the FTC, state attorneys general, or ISPs to seek injunctive relief, damages, and other relief. ~Criminal prosecution for certain aggravated violations, whichcan result in fines and imprisonment. ~ Compensation and Penalties: Affected individuals or entities may receive compensation through statutory damages awarded in civil actions. Courts may also impose additional penalties for aggravated violations, such as falsifying header information or using deceptive subject lines Source Citation: federal trade commission Link to Source: https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business

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