Each separate email in violation of the Act is subject to penalties of up to $16,000, and more than one person may be held responsible for violations. For example, both the company whose product is promoted in the message and the company that originated the message may be legally responsible. The Act also has certain “aggravated” violations that may give rise to additional fines.
The law provides for criminal penalties – including imprisonment – for:
* Accessing someone else’s computer without permission;
* Using false information to register for multiple email accounts or domain names;
* Relaying or retransmitting multiple spam messages through a computer to mislead others about the origin of the message;
* Harvesting email addresses or generating them through a dictionary attack (sending email to addresses made up of random letters and numbers in the hope of reaching valid ones); and
* Taking advantage of open relays or open proxies without permission.
For operational guidance and structured compliance documentation tools, visit the CLIClaw Email Marketing Compliance Library.
This FAQ is provided for general informational purposes only and is not legal advice. It is intended as a starting point for understanding the issues discussed and should not be relied on as a substitute for advice from qualified legal counsel.
These materials were obtained directly from the Federal Government public website and are posted here for your review and reference only. No Claim to Original U.S. Government Works. This may not be the most recent version. The U.S. Government may have more current information. We make no guarantees or warranties about the accuracy or completeness of this information, or the information linked to. Please check the linked sources directly.