Second Update on California’s Email Marketing Bill AB-2546

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August 28, 2018

California Email Marketing Law

We have promised to provide updates on proposed California State legislation that would implement more restrictive advertising regulations applicable to email marketing that is sent either from California or to California resident email addresses.

What is the current status of the email marketing legislation?

On August 23, 2018, Bill 2546 (the “Bill”) was read for a third time in the Senate and passed by a vote of 25 to 12, with three Senators abstaining. Because the email marketing Bill has been amended in part to provide clarity, it will now be sent to the Assembly for review and approval. If agreement cannot be reached, the Bill will be referred to a two-house conference committee for resolution. If a compromise is reached, the Bill will be returned to both houses for a vote.

The Senate’s proposed amendments do not add a lot of substantive changes to the email marketing Bill. What has been added are definitions for “unsolicited commercial email advertisement” and “preexisting or current business relationship.” Additionally, whereas in the prior draft of the Bill, the Assembly had lumped all misleading information under one clause to address content within the header, subject line, or body of the email, the Senate has now given each portion of the email its own clause and defining characteristics. Overall, these modifications are unlikely to change the opinion of many legislators as to whether the Bill becomes law.

If you have strong opinions about the content of this Bill, it is not too late to act. In the event that both houses approve the Bill, it will be sent to the Governor for signature. Contacting the Governor’s office by letter or telephone can be an effective way to voice your position on the Bill.

We will continue to monitor the proposed legislation and provide updates as the Bill moves through the legislative process. If you are interested in discussing your email marketing practices or have been served with email marketing-related legal process, please email us at or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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David O. Klein

David O. Klein

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

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