Massachusetts law about spam and junk mail

A compilation of laws, regulations, cases, and web sources on spam and junk mail law.

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Table of Contents

Federal laws

15 USC §§ 7701 et seq. CAN-SPAM Act
Controlling the Assault of Non-Solicited Pornography and Marketing Act “establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them."

Federal regulations

16 CFR 316 Federal Trade Commission, CAN-SPAM rule

47 CFR 64.3100 Federal Communications Commission, Restrictions on unwanted mobile service commercial messages

Selected case law

Commonwealth v. Kuvayev, Suffolk Sup. Ct. 05-1856-H, September 26, 2005
By sending numerous commercial emails to consumers, defendant violated the CAN-SPAM Act and the Massachusetts Consumer Protection Act and was ordered to pay $37 million in civil penalties.

Web sources

The CAN-SPAM act: a compliance guide for business, Federal Trade Commission.
Explains the requirements of the law and its penalties. Helpful question and answer section about complying with the act.

Consumer guide to stopping junk mail, Mass. Office of Consumer Affairs.
Suggests steps for reducing junk mail and ways to protect yourself against spam.

How to get removed from mailing lists and email spam lists, Nolo.com.
Article about how to stop getting unwanted junk mail and how to block spam emails.

Opt-out resources for unwanted junk mail, Privacy Rights Clearinghouse.
Includes suggestions on how to cut down your junk mail.

Unwanted emails, texts and mail, Federal Trade Commission.
Tips for getting fewer spam emails and text messages, how to report spam, and way to stop junk mail.

Print sources

Data security and privacy in Massachusetts, 3rd ed., MCLE, sections 7.5.1 to 7.5.3 (emails and CAN-SPAM Act).

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Last updated: October 25, 2022

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