Can-Spam Act of 2003

This regulatory compliance act is becoming extremely important due to increase in web based business solutions. Can-Spam Act of 2003 is a commonly used name for the United States Federal law more formally known as S. 877 or the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003." The law took effect on January 1, 2004. The Can-Spam Act allows courts to set damages of up to $2 million when spammers break the law. Federal district courts are allowed to send spammers to jail and/or triple the damages if the violation is found to be willful.

The CAN-SPAM Act supplements some consumer protections already put into place by the Telephone Consumer Protection Act (TCPA). Under the TCPA the FCC and FTC established the national Do-Not-Call list. This list contains telephone numbers that telemarketers are prohibited from calling unless they have an established business relationship with the called party or are otherwise exempt. FCC rules prohibit sending unwanted text messages to your wireless phone number if they are sent using an auto dialer, or if you have placed that number on the national Do-Not-Call list.
Even if you have placed your wireless phone number on the national Do-Not-Call list, the TCPA does not protect you from receiving commercial messages sent to that number if:

  1. You have given your prior consent to the sender, or;
  2. You have an established business relationship with the sender.
For more information on the TCPA and the national Do-Not-Call list, see our consumer fact sheet at:
There is no charge for filing a complaint. You can file your complaint using an on-line complaint form found at esupport.fcc.gov/complaints.htm. You can also file your complaint with the FCC's Consumer Center by e-mailing fccinfo@fcc.gov; calling 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to:
Federal Communications Commission Consumer & Governmental Affairs Bureau Consumer Inquiries and Complaints Division 445 12th Street, SW Washington, DC 20554.


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