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

Consent Requirements for Federal Text (SMS) Message Spam

The federal government is poised to implement new, stricter consumer consent rules designed to “further reduce the opportunities for telemarketers to place unwanted or unexpected calls to consumers.” The rules...

Read Article

Spam Law

Ninth Circuit Affirms Kronenberger Rosenfeld’s Summary Judgment in

On December 2, 2009, the Ninth Circuit affirmed the granting of summary judgment to Azoogleads.com, Inc. in a spam lawsuit. Internet attorneys, Kronenberger Rosenfeld, represented Azoogleads.com before both the district...

Read Article

Spam Law

Ninth Circuit Affirms Kronenberger Rosenfeld’s Victory in Spam

On July 9, 2010 the Ninth Circuit affirmed the dismissal of a spam lawsuit, which had been filed against Azoogle.com Inc. and several other defendants. Kronenberger Rosenfeld represented Azoogle.com before...

Read Article

Spam Law

Defending Against Spam Shakedowns: Karl Kronenberger Authors Daily

Since the federal CAN-SPAM Act and California’s anti-spam law (CASL) were passed in 2003, the world of email spam law has significantly changed. There have been multiple shifts in the...

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.