Deceptive Commercial Electronic Mail

Enacted in 2003, this chapter bans commercial email that uses a third party's domain without permission, misrepresents its origin or path, or has a false or misleading subject line. It also requires 'ADV:' and 'ADV:ADLT' subject labels on unsolicited ads and a free opt-out. Many of its labeling and opt-out rules likely overlap with, and may be preempted by, the federal CAN-SPAM Act, which preserves state laws only as to falsity or deception.