Catalog / Sends commercial email / LXD-4993

Sends commercial email, in the United States

Driver's Privacy Protection Actsince 6 lines

18 U.S.C. 2721 to 2725 · Read the law's page

  • Do not knowingly obtain or disclose personal information from a motor vehicle record (a record of a motor vehicle operator's permit, title, registration or identification card issued by a department of motor vehicles) for any use the Act does not permit, and do not make a false representation to obtain it. Personal information does not include information on vehicular accidents, driving violations, and driver's status.
  • Use such information only for a purpose section 2721(b) lists, for example use by a government agency, safety, recall and theft matters, verifying the accuracy of information an individual gave your business (and, if it is wrong, getting the correct information only to prevent fraud, pursue legal remedies or recover a debt or security interest against the individual), court and arbitral proceedings, research and statistical reports (so long as the information is not published, redisclosed or used to contact individuals), or a use for which you hold the individual's written consent.
  • If you are an insurer, an insurance support organization or a self-insured entity (or its agent, employee or contractor), you may use personal information from a motor vehicle record in connection with claims investigation activities, antifraud activities, rating or underwriting under section 2721(b)(6), and for any other purpose only if another paragraph of section 2721(b) permits it.
  • Do not use personal information from a motor vehicle record for bulk distribution for surveys, marketing or solicitations unless the State has obtained the express consent of the person to whom the information pertains (section 2721(b)(12)); express consent means consent in writing, including consent conveyed electronically that bears an electronic signature, and a recipient under section 2721(b)(12) may resell or redisclose the information only under that paragraph.
  • If you resell or redisclose such information, do so only for a use section 2721(b) permits (but not for uses under section 2721(b)(11) or (12)), unless you obtained it under section 2721(b)(11), in which case you may resell or redisclose it for any purpose, or under section 2721(b)(12), in which case only as that paragraph permits; keep for 5 years records identifying each person or entity that receives it and the permitted purpose (a recipient under section 2721(b)(11) is exempt from that duty), and make the records available to the motor vehicle department on request.
  • If you are a State department of motor vehicles, or an officer, employee or contractor of one, do not knowingly disclose or make available personal information obtained in connection with a motor vehicle record except as section 2721(b) permits, and do not disclose highly restricted personal information (a photograph or image, social security number, or medical or disability information) without the individual's express consent in writing, except for the uses in section 2721(b)(1), (4), (6) and (9).when it serves a public body
CAN-SPAM Actsince 4 lines

15 U.S.C. 7701 et seq.; 16 CFR Part 316 · Read the law's page

  • Every commercial email must carry accurate header and routing information, a subject line that is not deceptive about the message's contents, clear and conspicuous identification that the message is an advertisement unless the recipient gave prior affirmative consent, a functioning return address or other opt-out mechanism, and a valid physical postal address of the sender.
  • Honor an opt-out request within 10 business days, and do not sell, lease, or transfer the recipient's address after receiving the request except to a person retained to help you comply with it.
  • This is an opt-out regime, not opt-in: you may send a commercial email without the recipient's prior consent so long as it carries the disclosures above. A transactional or relationship message, such as one that facilitates a transaction the recipient already agreed to or delivers goods the recipient is entitled to, is exempt from these commercial-message duties unless a recipient would reasonably conclude its primary purpose is commercial.
  • Do not harvest email addresses from a website or generate them by an automated dictionary attack, and do not falsify the domain name registration information used to send the mail.
Restrictions on Mobile Service Commercial Messagessince 2 lines

47 CFR 64.3100 · Read the law's page

  • Do not send a commercial message to an address that resolves to a wireless carrier's messaging domain on the FCC's wireless domain names list, unless you have the addressee's express prior authorization naming your business and the address to be messaged.
  • Stop sending further messages to that address within 10 days of a request to stop, and provide a cost-free, clearly identified opt-out mechanism in every message.
FTC Rule on Impersonation of Government and Businessessince 3 lines

16 CFR Part 461 · Read the law's page

  • Do not materially and falsely pose, directly or by implication, as a government entity or an officer, executive, official, employee or agent of one, in or affecting commerce.
  • Do not materially and falsely pose, directly or by implication, as a business, including a not-for-profit entity, or as an officer, executive, official, employee or agent of one, in or affecting commerce.
  • Do not materially misrepresent, directly or by implication, your affiliation with a government entity or a business or an officer of either, including endorsement or sponsorship by it, in or affecting commerce.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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