Who’s Liable For Vendor’s CAN-SPAM Violation?

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?

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Published In: Business Organization Updates, Business Torts Updates, General Business Updates, Communications & Media Updates, Privacy Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Peter S. Bauman - Senior Commercial Litigation Attorney Callahan & Blaine, (714) 241-4444 (office) / (949) 842-1720 (mobile) | Attorney Advertising

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