February 29, 2016
“Spam” lawsuits are becoming an ever-increasing concern to companies in the email marketing space. The potential liability of such suits can reach levels that threaten to jeopardize the viability of the business itself. Statutory liability may be imposed in amounts of up to $100.00 per email under the federal CAN-SPAM Act, with liability on a per-email basis oftentimes set much higher under similar state statutes, with the $1000.00 per email penalty set by California Business Professions Code § 17529 et seq. (“§ 17529”) representing the most prominent example. Routine campaigns involving thousands or tens of thousands of emails can potentially expose companies to judgments of millions of dollars, with both advertisers and mailers potentially facing exposure. We have served as corporate, regulatory and litigation counsel for email marketing companies nationwide for over two decades, and in this capacity have extensively defended the industry against “spam” claims, including those brought by Timothy Walton, an attorney who has established himself as one of the most visible prosecutors of alleged “spam” claims in the country.
What Should You Do If You Have Been Sued by Timothy Walton?