When spam email breaks California law
California’s anti-spam law applies to commercial emails sent from California or to a California email address that:
- Use a third party’s domain name without permission;
- Contain falsified, misrepresented, or forged header information, such as a fake sender name or a “from” address that hides the advertiser; or
- Have a subject line likely to mislead you about what the email contains.
What the law allows
Recipients may recover $1,000 per email, up to $1,000,000 per incident, plus attorney’s fees Cal. Bus. & Prof. Code § 17529.5. In Florida, unsolicited commercial emails with false or misleading information can be worth actual damages or $500 per email, whichever is greater Fla. Stat. § 668.606. Texas law also allows claims over deceptive commercial email Tex. Bus. & Com. Code ch. 321.
What to do now
- Move suspicious marketing emails into a folder instead of deleting them.
- Don’t click “unsubscribe” links in emails that look fake; they can confirm your address.
- Forward a few examples to us after we confirm we can review them.
Questions
Isn’t spam email legal under federal law?
Federal law (CAN-SPAM) allows some commercial email, but it does not override state laws aimed at false or deceptive email. That is where California’s and Florida’s laws apply.
Do I have to have lost money?
No. California’s law provides set damages per email for qualifying violations.