be subject to the FTC Act as deceptive advertising. In addition, criminal penalties and even imprisonment can apply for certain actions, such as accessing someone else’s computer to send spam without permission, using false information to register for multiple email accounts or domain 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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