The Spam Cases: New York & Texas Attorney General Actions Show the Effectiveness of States’ Retained Powers to Regulate Spam

Digital Media Lawyer Blog:  “The enactment of the Federal CAN-SPAM Act preempted many State laws that attempted to prohibit marketers from sending mass commercial emails.  However, CAN-SPAM did leave one key area of enforcement open to the states.  The State may still enforce laws restricting commercial emails to the extent that such laws prohibit ‘falsity or deception.’ 15 U.S.C. § 7707(b)(1).  However, this exception is proving about as narrow as the Grand Canyon.”

“The latest examples of State enforcement of spam are the actions by the New York and Texas Attorneys General against Tagged, Inc., which were both resolved in the past week.  See Attorney General of New York, Internet Bureau, In the matter of: Tagged, Inc., Assurance of Discontinuance (Nov. 6, 2009), Texas v. Tagged, Inc., Travis County District Court, No. D-1-GV-09-002032,”