Caution CAUTION

Congress enacted the CAN-SPAM Act of 2003 [15 USC §§7701 et seq] to standardize the treatment of spam. The Act prohibits spammers from sending deceptive or misleading information and using deceptive subject headings, requires that e-mails be identified as advertisements and include a physical postal address, requires spammers to include an opt-out method such as a return e-mail address, and prohibits them from sending e-mails to recipients who opt out. The Act "supersedes any statute, regulation, or rule of a State or political subdivision . . . that expressly regulates the use of electronic mail to send commercial messages, except to the extent that any such statute . . . prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto." [15 USC §7707(b); see 16 CFR Pt 316.] The federal CAN-SPAM Act does not preempt state laws claims arising under B&PC §17529.5. [Hypertouch, Inc. v ValueClick, Inc. (2011) 192 CA4th 805, 825.] Other state consumer laws provide available remedies, such as an action for unfair competition under B&PC §17200.

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