Law / United States / 
Connecticut
Connecticut Action for Unsolicited Commercial Electronic Mail
Conn. Gen. Stat. 52-570c(b), (c), (d)
In force since .
A commercial messages rule binding private bodies.
- Obligation class
- Disclosure, Prohibition
What it requires
- Before sending, or causing to be sent, unsolicited advertising material by electronic mail to an electronic mail address held by a Connecticut resident, identify in the message a toll-free telephone number or a valid return electronic mail address the recipient can use to unsubscribe, and begin the subject line with the letters ADV.
- Once a recipient notifies you that they do not wish to receive further such material, do not send, or cause to be sent, any further unsolicited advertising material to that recipient by electronic mail.
- These duties do not reach a message the recipient consented to receive, or a message to a recipient with whom you have a prior or existing business relationship formed by a voluntary two-way communication, with or without an exchange of consideration, arising from the recipient's own inquiry, application, purchase or use of your products or services.
- These duties do not apply to a tax-exempt nonprofit organization or to a political or candidate committee, candidate or solicitor.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureNo
Private right of actionYes
Statutory damages
Five hundred dollars for each electronic mail message sent in violation, together with an injunction, costs and a reasonable attorney's fee; each violating message is a separate violation, and an action must be brought within two years of the act complained of.
- As of
- Currency
- USD
- Per person minimum
- 500
Who enforces it
Enforcement body
A private civil action under Conn. Gen. Stat. 52-570c(d), brought by any person aggrieved, including an electronic mail service provider.
Settledness
- As of
- Open questions
- How does a sender tell that an electronic mail address is “held by a resident of this state” under section 52-570c(b)(1) when the address shows no location?
- Does “consent of the recipient” in section 52-570c(b)(3)(C) require the recipient's consent to the particular sender, or does consent given to a third party that passed on the address suffice?
What this law does
No person may send unsolicited advertising material by electronic mail, or cause it to be sent, to an electronic mail address held by a Connecticut resident unless the email identifies a toll-free telephone number or a valid return email address the recipient can use to unsubscribe, and the subject line begins with the letters ADV. A sender must also honor a recipient's request to stop sending further such material.
The section excludes an electronic mail service provider or an Internet access provider from the definition of a covered sender. Electronic mail is not unsolicited advertising material if the sender has the recipient's consent, or if the sender has a prior or existing business relationship formed by voluntary communication with the recipient, with or without an exchange of consideration, arising from the recipient's inquiry, application, purchase or use of the sender's products or services.
The provisions do not apply to tax-exempt nonprofit organizations or to political or candidate committees, candidates or solicitors. Any person aggrieved, including an email service provider, may bring a civil action in the Superior Court to enjoin further violations and for five hundred dollars for each violating email, together with costs and a reasonable attorney's fee, brought within two years of the act complained of.
The CAN-SPAM Act's preemption clause leaves in force a state email rule against falsity or deception; neither of these duties is framed that way.
When LexLint raises it
When your app profile says your app sends commercial email.
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