Is My Email Spam? Can I Be Sued for Spamming?
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Summary
Spam isn’t just in the eye of the receiver. The Federal anti-spam law, CAN-SPAM, dictates certain requirements for the sending of email, but most private individuals don’t need to worry about it. |
Spam is a hot topic right now, and not only do people not want to receive spam, but they don’t want to be labled a spammer. This reader writes: “I just read how the Federal Trade Commission has filed lawsuits against two different groups of email senders (spammers). If these really are spammers, more power to them! But I also read about how a private ISP sued Bob Vila! The man who does “This old house”! Some of my friends have even started putting their home mailing addresses in all of their email, because they say that a new federal spam law, called “CAN-SPAM”, requires it!
Is this right? Do I have to start putting my home mailing address in all my email? Is the FTC going to come after me if I don’t? Can I be sued by an ISP if they don’t like the email I send?
Help! I only use email to talk to my family, friends, and online buddies, and I don’t really want to tell everyone my home address!”
The answer is that The CAN-SPAM Act of 2003, which is the Federal anti-spam law, only applies to commercial email. It does not apply to the private, personal email which you send (unless, of course, your private, personal email is sent for a commercial purpose, in which case you do need to be careful to comply with the CAN-SPAM Act. But that’s another question for another day.)
Generally speaking, if you use email only for personal use, and especially if you do not run any email mailing lists, then you don’t have to worry about the provisions of CAN-SPAM. Similarly, nobody, including the FTC or an ISP, can use the CAN-SPAM act to sue you just because they don’t like your email (but this does make Aunty wonder what kind of email you are sending!) You have to have violated the CAN-SPAM law, of which you are in no danger if the email you send is not commercial.
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Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Anne is the author of Surviving Divorce and Custody: The Single Father's Handbook.
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
