Three more states hop on the anti-spam bandwagon

The state legislatures of Colorado, Missouri and New York are all considering laws that include the creation of 'do not spam' lists, similar in nature to 'do not call' lists created by other state and federal telemarketing laws (see 'Do not call' registry on hold due to congressional concerns). In its most basic form, the proposed legislation would create a central database of residents who do not want to receive unsolicited commercial emails and allow users to sue marketers who ignore their wishes.

The three states join over 20 other states that have already passed, or are considering, laws that govern the distribution of commercial emails, although the requirements and consequences of violation vary from state to state. For example, the California statute requires an unsolicited commercial email to begin its subject line with 'ADV' or if the message is of a sexual nature, 'ADV:ADLT'. In Delaware, which has one of the toughest laws in the country, the only way to legally send a state resident commercial email is to have his/her permission beforehand. While the laws are infrequently enforced, violations can theoretically lead to fines and, in some states, jail.

Colorado's proposed law would require companies to pay an annual fee of up to $500 to access the list, and would award $10 for each unwanted message that a consumer receives. In New York and Missouri, companies would have free access to the list, but residents would be able to sue for up to $2,000 and $5,000 respectively.

At this early stage, it is difficult to tell if these laws will be passed or if a federal equivalent will be enacted in the meantime. Given the popularity of other state 'do not call' lists and consumer furore over spam, some form of federal legislation appears likely.

Jason Drangel, Bazerman & Drangel PC, New York

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