E-mail is ubiquitous. And it is here to stay. But regardless of whether you are a luddite or “crackberry” junkie the rules surrounding the use of e-mail for commercial purposes can be confusing. Lawyer, franchisor, and franchisee alike are familiar with the relatively strait forward requirements of the CAN-SPAM Act. But the federal government is not the only e-mail sheriff in town, so to speak. In fact, there are more than 35 other state sheriffs–all of whom have laws and rules about commercial e-mail marketing.

I recently posted a blog at iMedia Connection regarding the the state anti-spam statutes. Many of these state statues are simply restatements of the CAN- SPAM Act. But more than a few go beyond the rules set by Congress in the CAN- SPAM Act and in doing so impose additional burdens on e-mail marketers. With a federal statute and no less than 37 state statutes, how should a responsible e-mail marketer approach his job? The answer revolves around who has the right to bring an action, should an e-mail marketer run afoul of anti-spam legislation.

I wrote the blog entry at iMedia Connection with e-mail marketers in mind. But given that e-mail is put used more and more by franchisors and franchisees, and the fact that these anti-spam rules impact our entire economy, I thought it might be helpful to link to it here. Spam Litigation: A Guide for E-mail Marketers