Legal Definitions - Do I have ANY recourse under the CAN-SPAM Act?

Do I have ANY recourse under the CAN-SPAM Act?

If you are a private citizen, unfortunately, you do not have any recourse under the CAN-SPAM Act. This means that you cannot take legal action against spammers who violate the law. Instead, you must rely on the Federal Trade Commission (FTC), your state attorney general, or your internet service provider to enforce the law for you.

For example, if you receive spam emails that violate the CAN-SPAM Act, you can report them to the FTC or your state attorney general. They may investigate the matter and take legal action against the spammers if necessary.

However, you may be able to bring a lawsuit under state law if it is not preempted by the CAN-SPAM Act. This means that you can take legal action against spammers if your state has its own anti-spam laws that are not in conflict with the federal law.

For instance, if your state has a law that prohibits sending unsolicited commercial emails, you can sue spammers who violate that law. But if the CAN-SPAM Act preempts your state law, you cannot sue spammers under that law.

Besides taking legal action, you can also take technical steps to deal with spam emails. For example, you can use spam filters or block senders to prevent spam from reaching your inbox. The FTC's Spam Microsite provides helpful information to consumers about steps they can take to deal with spam. Your state's attorney general may also have a website dedicated to helping consumers deal with spam.

Overall, as a private citizen, you do not have direct recourse under the CAN-SPAM Act, but you can report spam to the authorities and take technical measures to protect yourself from it.