Saturday, March 02, 2024

Controlling the Assault...

Do you sometimes see emails that appear to have come from yourself or your author name? Only when you hover your cursor over your name do you see that the email address is actually from an alphanumeric soup of a name.

According to legal blogger and expert in internet marketing, telecommunications and sweepstakes law David O. Klein of Klein Moynihan Turco LLP, email marketing is back with a vengeance (because telemarketing and text message marketing have become too risky under the Telephone Consumer Protection Act or TCPA since recipients of the unwanted texts may sue and win ... but only if they have gone further than to enroll in the government's do not call list).  Apparently, one now has to take the call and tell them to not call again.

For deceptive and misleading emails, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 applies. They call it CAN-SPAM, rather than CtAoN-SPaMA. I could not resist that!

David O. Klein explains it all very well.

They are not allowed to use false names in the From, To, or Subject lines, etc, but apparently, all one can do is Unsubscribe and then one is "opted-out" within a week or so, unless one lives in California in which case, one might have much more redress.

If you are thinking of promoting your writing with an email campaign, you might do well to check out the CAN-SPAM Act, or study David O Klein's website.

Getting your attention by taking your name in vain might not rise to the level of impersonation fraud if only you see it, but All About Advertising Law firm Venable LLP  has a mildly interesting article relating to deep fakes in advertising and rule-making in the comment stage.

Credit to the legal bloggers Leonard L. Gordon, Michael A. Munoz, and Ellis C. McKennie III. Also, my apologies for the faint praise. 

All the best,


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