October 28, 2016

How Email Marketers Can Reduce the Risk of Spam Liability

Due to restrictive interpretations of the 2013 CAN-SPAM Act over the last decade, many spam plaintiffs find it more convenient to bring lawsuits instead under the California anti-spam law (CASL)—which was passed in the same year. As a result, attorneys have been aggregating many plaintiffs in each lawsuit in order to amass enough emails for six- and seven-figure demands. In the article “Winning the Fight Against Email Spam Plantiffs,” published by Intellectual Property & Technology Law Journal, Partner Karl Kronenberger discusses the spam law landscape, as well as best practices for reducing the risk of litigation.

The CASL contains three types of unlawful spam email that give rise to liability for both advertisers and senders of commercial emails: unauthorized use of a domain names; false, forged or misrepresented header information; and misleading subject lines.

Kronenberger provides guidelines for email marketers to avoid these violations. “First, develop a compliance program to ensure that email publishers are using domain names that they own or have permission to use,” he says. Kronenberger also advises marketers to use the brand or company name in the header to eliminate any confusion, and insert all contingencies about offer terms in the body of the email. “Bear in mind that spam plaintiffs are creative, and they will look for subject line language that is arguably an offer term, with contingencies not detailed in the email body,” he explains.

Read full article.

Related Topics

Related Practice Areas

This entry was posted on Friday, October 28, 2016 and is filed under Resources & Self-Education, Internet Law News.



Related articles

Spam Law

New California Spam Case Law Requires Traceable Domains

New spam case law in California is reshaping how many advertisers and publishers do business. Specifically, new case law has allowed spam plaintiff’s lawyers to argue that senders need to...

Read Article

Spam Law

Firm Prevails on Summary Judgment Against Professional Spam

On June 11, 2014, the firm prevailed on behalf of its client on its summary judgment motion in Alameda Superior Court in the case of Timothy Dewitt v. Devry University...

Read Article

Spam Law

Robocalling: The Legal Risks Are Significant

Automated Dialing Systems: Benefits Come With Significant Legal & Financial Risks If your company uses automated telemarketing systems, then you're no stranger to the negative press about unsolicited automated calls...

Read Article

Spam Law

Internet Law Firm Succeeds on Summary Judgment in

On March 27, 2008 the Honorable Joseph C. Spero of the Northern District of California granted summary judgment to defendant Azoogleads.com, Inc. in a spam lawsuit. Internet Law Firm, Kronenberger...

Read Article
Get the help you need.

We offer legal advice on a wide range of online topics

Get legal help now

Not seeing what you’re looking for?

Submit your case in 3 minutes and get legal help fast.

Submit your case online

OR

Give us a call
Join our mailing list

Stay ahead of legal matters

The internet moves fast. We'll keep you informed.