STANDING UNDER THE U.S. CAN-SPAM FOR THOSE "ADVERSELY AFFECTED" BY SPAMMING ACTIVITIES

Under the U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM), which came into effect on January 1, 2004, standing is granted primarily to the Federal Communications Commission and, in some cases, to the States’ Attorneys General. Private entities have the right to sue under the Act in limited circumstances. Specifically, standing is granted to Internet Access Services who are “adversely affected” by spamming activities. Courts have given various interpretations to the phrase “adversely affected” which are explained in this summary.

The following questions have been addressed in this article:

Is the standing under the CAN-SPAM Act confined to Internet Access Services that provide access to electronic mail?
What are examples of the real and significant harm that would qualify under the definition of “adverse effect” for the purposes of the CAN-SPAM Act?
What types of lawsuits does the standing test under the CAN-SPAM Act prevent?

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