New California Anti-Spam Law Outlaws Unsolicited E-Mail Advertisements
10.1.2003
California has recently enacted three laws that will significantly effect the way California and non-California businesses conduct their affairs with California residents. Effective January 1, 2004, a new "anti-spam" law will prohibit any business anywhere from sending unsolicited commercial e-mail messages to California residents (unless they have a pre-existing relationship with every recipient). This anti-spam law is the toughest in the nation. Please note that because of the nature of the internet and computer access to data located everywhere, these new laws require compliance by companies wherever located, as long as they collect information about, or send e-mail to, California residents. Please also note that there are efforts to enact federal legislation that might preempt one or more of these new California laws, and of course they are expected to be challenged in court if they are not preempted first; but none of that has happened yet. Please find a client alert further describing this new law here.
