On Saturday, May 13, 2006, 4:55:48 PM, Bronto wrote: B> I thought CAN-SPAM preempted all state's laws.(?)
CAN-SPAM does not preempt state laws to the extent that those laws deal with falsity and deception. Provisions relating to forged/missing/obfuscated headers, deceptive subject lines, etc., are in full force and effect. Many state laws allow for substantial statutory damages for such violations, usually to the service provider. Portions of state laws that would regulate otherwise non-fraudulent or deceptive commercial email, e.g. opt-in/opt-out, identification, etc. are preempted. In those areas, CAN-SPAM is the law of the land. -- Best regards, Robert Braver [EMAIL PROTECTED]
