names, routing messages through other computers to disguise the origin of the message, or generating email messages through a “dictionary attack.” A “dictionary attack” is the practice of sending email to addresses made up of random letters and numbers in the hope of reaching valid ones. Enforcement. CAN-SPAM is enforced by the FTC and violations are deemed an “unfair and deceptive act or practice.” 15 U.S.C. § 7706(a). State attorneys general can also bring actions for damages suffered by state residents as well as injunctive and equitable relief. Criminal penalties are available for predatory and abusive commercial email. [15 U.S.C. § 7703]. There is no private right of action under CAN-SPAM. More information on how to comply with CAN-SPAM can be found at the FTC’s Bureau of Consumer Protection, Business Center at CAN-SPAM Act: A Compliance Guide for Business. Canada has recently enacted one of the strictest laws to curb unsolicited commercial email with significant penalties for non-compliance. Laws Restricting Cell Phone Marketing. Cell phones can receive two forms of unsolicited commercial advertising: text messages and phone calls. Unsolicited text messages fall under CAN-SPAM to the extent the message originates from Internet addresses. Such text messages are subject to both CAN-SPAM and FCC regulations. Text messages that are sent from phone-to-phone do not involve Internet domains and are therefore not subject to CAN-SPAM and the FCC. Phone-to-phone text messages are subject to the Telephone Consumer Protection Act (TCPA) discussed below.
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