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Loren, Attorney
Category: Business Law
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Experience:  30 years experience representing clients .
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Is it legal to send a mass unsolicated email to an email list

Customer Question

Is it legal to send a mass unsolicated email to an email list of 100,000 people advertising a new brewery ? I know its legal but grey to send mass emails. But what about advertising a beer related subject matter in Virginia. In Virginia you can not advertise happy hour specials or other specific things externally that involve price discounts. But I can't find anything prohibiting simply advertising the existance of a brewery or that the brewery is having live music.
Submitted: 3 years ago.
Category: Business Law
Expert:  Loren replied 3 years ago.
Thank you for using JustAnswer. I am LawGuy and I will do whatever I can to answer your question.

In the United States, most states enacted anti-spam laws during the late 1990s and early 2000s. Many of these have since been pre-empted by the less restrictive federal CAN-SPAM Act of 2003.

Spam is legally permissible according to the CAN-SPAM Act of 2003 provided it follows certain criteria: a "truthful" subject line, no forged information in the technical headers or sender address, and other minor requirements. If the spam fails to comply with any of these requirements it is illegal.

As other state restrictions on email, Virginia law is pre-empted by the federal act.

I hope this answers your questions.


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