The CAN-SPAM act sets legal rules for commercial E-Mail and includes various provisions that apply to “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” [See CAN-SPAM Act, 15 USC Section 7701 et seq.]

CAN-SPAM provisions have an impact on numerous practices, including false or misleading header information, deceptive subject lines and opting out of receiving future emails.

Often companies employ a third party service to manage and/or operate email and other electronic marketing efforts on their behalf. If this occurs, what happens when someone sues the company for a violation of the CAN-SPAM Act? Is the company liable or can the company look to the third party responsible for sending emails or other electronic communication on its behalf?