Wednesday, July 27, 2005

Washington State Spam Law Upheld

The federal CAN SPAM Act is a federal anti-spam law that generally preempts state anti-spam laws, but does allow for the application for state anti-fraud statutes which can function as anti-spam laws (or, if you prefer, the other way around.)

A federal District Court judge has ruled that a Washington state anti-spam law is not preempted by the CAN SPAM Act because has a broader application than the narrow federal law. The state law, the court observed, it "prohibits misrepresentation in the transmission path or in identifying the point of origin, and... prohibits false or misleading information in the subject line. . . ." Because of this, the judge wrote, "the Court concludes that Washington's Commercial Electronic Mail Act is excepted from federal preemption because it prohibits 'falsity and deception.'”

See: Gordon v. Impulse Mktg. Group Inc., E.D. Wash., No. CV-04-5125-FVS, 7/11/05


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