Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
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!
Question: 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!”
Answer: 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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