How to Learn About the Penalties for Violating Spam Laws

The term "spam" refers to the proliferation of unwanted and unsolicited emails in the virtual mailboxes of millions of people across the world. Spam emails are typically business advertisements, chain letters and other material sent to get the attention of a mass number of people. Business people and email recipients alike should understand the growing number of penalties for the violation of spam laws.

Difficulty: Moderately Easy

Instructions

Things You'll Need:

• Folder in your email that receives deposits from your spam filter

1. Consult with your state's consumer protection agency to learn about spam laws. Spam emails and scams have become a hot topic in state government. Agency websites and hotlines can help determine if you are receiving or sending spam emails.

2. Correspond with a qualified attorney to determine whether you are violating state and federal spam laws. Intellectual property lawyers are particularly adept at determining the fine line between violating offenses and innocent activities.

3. Keep track of emails that you receive that you have not solicited. Emails with strange wording or businesses that you have never heard of fit into the description of spam email set out by federal law. Contact your state's Justice Department and consumer protection groups to help build broad evidence for legal action.

4. Participate in online forums and discussion groups about spam emails. In addition to traditional methods of reporting scams, the business community is beginning to educate the public and pool resources against spammers.

5. Discuss your spam issues with representatives from the state and federal Department of Justice (see Resources below). Investigators from both agencies need to learn about specific spam cases to prosecute cases properly. Also, Justice Department offices provide information on penalties and repercussions of spamming.

Tips & Warnings

• Review the CAN-SPAM Act of 2003 to understand federal laws governing the use of spam emails (see Resources below). This law provides for state and federal government cooperation when investigating spam emails to businesses and individuals.
• Understand the legal limitations of business emails in your state before clicking the "Send" button. John Marshall Law School professor David Sorkin has created a website called Spam Laws to distribute this information on a state-by-state basis (see Resources below).