Can I sue for unsolicited emails?

Can I sue for unsolicited emails?

The CAN-SPAM Act does not give consumers who have received spam email standing to file a private lawsuit for damages. Instead, private citizens must rely on the Federal Trade Commission (“FTC”) or state attorneys general to sue on their behalf to recover damages, impose civil penalties, or impose injunctions.

Does defamation apply to emails?

Accordingly, the most important rule to remember is that opinions cannot be defamation, so the wording is important. Stay away from false assertions of fact within emails, and there won’t be defamation.

Are email blasts legal?

The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. The law makes no exception for business-to-business email.

How do I report unwanted emails?

You can also call 1-877-382-4357 (TTY: 1-866-653-4261). The FTC is the primary government agency that collects scam complaints. Report all robocalls and unwanted telemarketing calls to the Do Not Call Registry.

Is it illegal to email someone after they unsubscribe?

In many countries, there’s another potential reason, a legal reason, not to do this. The potential reason is that continuing to email someone who has unsubscribed could result in your breaching anti-spam laws. Not every country in the world will have anti-spam laws but a good number do.

What to do when a company won’t stop emailing you?


  1. Reply to the sender. Ask them to remove you from the list.
  2. Have these unwanted newsletters or promotions redirected to another email folder.
  3. Block the sender (You can unblock this address at any time)
  4. Filter messages from the company. Most, if not all, ESPs have a provision for filtering emails.

Can I be sued via email?

If proof of adequate notice is necessary, you will need to have proof that the email was sent and the recipient read the email. There is no law that states certified mail will serve as proof of notice in receiving legal documents. Likewise, it is never a good idea to send legal documents by electronic means.

How do you stop nuisance emails?

So, here are the five simple ways you can take to help eliminate spam emails.

  1. Mark as spam.
  2. Delete spam emails.
  3. Keep your email address private.
  4. Use a third-party spam filter.
  5. Change your email address.
  6. Unsubscribe from email lists.

Can a company sue you for sending an email?

A case of nasty emails and one company’s desire to track down the sender offers a lesson in your first amendment rights. When Sandals Resorts International discovered an anonymous Gmail user criticizing the company via email, it asked the courts to release the person’s private information to build a case of libel against the emailer.

Is it legal to sue a bulk e-mail spammer?

A December 2001 article by the now-defunct Newsbytes news service said Hylkema had filed his initial complaint against Credit Counseling two months earlier. State laws may be pre-empted (that’s lawyerese for overruled) by Can-Spam, the federal law that legalized bulk unsolicited e-mail as long as the sender follows minimal guidelines.

Can a person be sued for forwarding a defamatory email?

Remember, too, that emails can be forwarded, so your communication may not end with the intended recipient (even though one who has forwarded a defamatory message will not likely be held responsible for the content under the Communications Decency Act safe harbor provision, according to a 2010 federal case in New Jersey.

Can you sue a spammer in Washington State?

In one legal document, archived on Spamcon.org, Hylkema claimed that he had first pursued Credit Counseling in small-claims court and its attorney responded: “Any judgment entered in Washington would never be enforceable in Florida.”

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