In California, a state originally considered to have one of the toughest spam laws in the country, appears to be weakening it’s stance against unsolicited email.
Under its law, the state allows anyone -- including consumers -- to sue for spam violations, and also provides that recipients can recover $1,000 per message.
But recently, at least two judges have issued rulings against the California law.
The CAN-SPAM statute says it supersedes state laws, except for laws prohibiting "falsity or deception" in messages. Both judges interpreted that provision as applying only to "fraudulent" messages -- which involve more than just falsity.
Fraud also requires that people relied on the messages and lost money as a result
If other judges follow these rulings, it will be very difficult for people to bring lawsuits under California's spam law.
Internet law experts say the bottom line is "If you're smart enough to hit delete, it's not spam."
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