Bombarding someone you dislike with spam is clearly illegal — but what if you just sign them up for a bunch of spam lists? Apparently, that’s illegal too. In a first of its kind, a judge found a man guilty of harassment for signing his boss up for various spam email newsletters.
Is it a crime to sign someone up for spam?
Whether a message is spam does not answer whether it is illegal. In fact, SPAM IS LEGAL in the United States. That is, whether your email is solicited or unsolicited, and whether it is highly targeted or not, have nothing to do with legality under U.S. law.
Are mailing lists illegal?
It's not illegal to buy an email list, but it can be illegal to use those lists to send marketing messages to individuals who haven't explicitly agreed to receive such correspondence. This is determined by local laws where the email recipient lives.
Is it illegal to spam someone's phone?
The U.S. Federal Communications Commission (FCC) released an order in Aug, 2004 that reiterated that SMS spam messages to cellphones are illegal under the existing Telephone Consumer Protection Act (TCPA).
What is the penalty for sending unsolicited emails?
If you send commercial emails of any kind, the CAN-SPAM Act applies to you. And if you're in violation, you could be reported to the FTC and face fines of up to $16,000 for each separate email sent!
How do you legally use an email list?
The Rules in the United StatesDon't use false or misleading header information.Don't use deceptive subject lines.Include an opt-out mechanism and honor opt-out requests promptly.Include your physical postal address.Identify the message as an advertisement.
Is selling an email list legal?
Legal Issues The United States does not have a law that specifically forbids selling email lists. It does have a law regulating spam, the CAN-SPAM Act of 2003. If you sell an email list to someone you know is using it for spam, you might be guilty of conspiracy.
Are text solicitations illegal?
Remember that any unsolicited spam or commercial text messages sent to a wireless device are illegal, according to the Federal Trade Commission. Our consumer rights and class action attorneys will review your case and protect your rights.
Is leaking a phone number illegal?
But is it illegal? The answer is usually no: doxing tends not to be illegal, if the information exposed lies within the public domain, and it was obtained using legal methods. That said, depending on your jurisdiction, doxing may fall foul of laws designed to fight stalking, harassment, and threats.
Is posting a phone number illegal?
Yes it is illegal. As my colleagues noted this is called doxing. You had best consult with a local internet attorney and take care of this immediately!
Is cold emailing illegal?
To dispel your doubts: cold emailing is totally legal provided you stick to the rules set out by applicable regulations. One of the pioneer regulations of this type is the CAN-SPAM act, which set standards for sending commercial emails in the USA.
Can you sue for unwanted emails?
The CAN-SPAM Act does not give consumers who have received spam email standing to file a private lawsuit for damages. Instead, private citizens must rely on the Federal Trade Commission ("FTC") or state attorneys general to sue on their behalf to recover damages, impose civil penalties, or impose injunctions.
Why is spam legal?
The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. Despite its name, the CAN-SPAM Act doesn't apply just to bulk email.
3 attorney answers
You are being pranked by someone that knows your email and contact info. Not hard to do. Pretty annoying though. Who do you know that would do this to you? Did you break up with someone recently that is mad at you as a result? (Back before the internet some of my lady friends would sign up their ex's for porno mags as revenge when they broke up.)
Joanne Reisman
No. It's also not clear that this represents repeated conduct by anybody - once one such website has your contact information, they may share it with all the others. The best way to address this problem is to have two email addresses - one that can catch spam like this, and one for use only by people you trust...
Jay Bodzin
Is there any crime committed here? No. Not really a great deal you can do about it other than notify the companies you no longer want to subscribe to their newsletters. Identity theft? No. Sounds like a friend or foe has played a prank on you. It's inconvenient and annoying, but not a crime. This is very common. More
How much is the FTC fine per email sent?
The act allows up to $11,000 in fines per email sent which should go a long way to stop the problem. The act is normally only used against the most notorious spammers although it can be enforced against anyone. There is a database of all complaints available on the FTC website and you can also submit complaints there.
When was the Can-Spam Act signed?
In 2003 the Can-Spam act was signed in the United States. This was an 80 page document which defined exactly what spam was and went as far as making spam illegal.
Why is my email not spam?
If you agree then that company is allowed to send you emails. This is not spam because they have already asked permission to contact you.
