Call Today for a Free Consultation

Internet Spam



Most States in the United States have passed some kind of laws that relate to, exactly or incidentally, to commercial email. Sometimes these laws correspond, and in some instances are directly linked to, other laws in the state that deal with telemarketing practices, or commercial solicitation through different mediums for advertisement or communication (e.g. text messages). Many states laws also address the illegal business and trade operations to Internet spam email, either overtly or indirectly.

There is not a uniform classification of Internet spam communication laws across the United States. Most of the laws across the many different states can be summarized into one of the following categories:

♦ Commercial email and Internet spam;

♦ Unlawful trade practices;

♦ Computer related crime;

♦ Telemarketing and Anti-solicitation;

♦ Pornography;

♦ Anti-solicitation laws relating to text and other emerging media.

Most states have been noted to possess an outline for Internet-based commerce that combines more than one kind of these laws. The Attorney General for each state is the chief enforcer of these laws but there is built in private rights of action.

New York State currently has no statutes that directly correspond comprehensively to commercial email and Internet spam. It should be noted that the State of New York did pass the “Anti-Phishing Act” in 2006, which forbids the deceiving users of the Internet or email to gain personal identifying information.


The Can-Spam Act came into law in 2003 under President George W. Bush. The law does not just apply to bulk email as some have misinterpreted it to do. It regards all commercial messages, including email that promotes content on a commercial website. Internet spam penalties under the Can-Spam Act can be up to $16,000 for each email that is sent that is not in compliance. There are 7 requirements to be in compliance with the Can-Spam Act and as not to send Internet spam unintentionally.

1)Don’t use false or misleading header information;

2)Tell recipients where you are located;

3)Don’t use deceptive subject lines;

4)Honor opt-out request promptly;

5)Identify the message as an ad;

6)Tell recipients how to opt-out of future emails from you;

7)Monitor what others are doing for you.

New York Internet spam lawyers at the Law Office of Yelena Sharova P.C. successfully protect businesses against possible legal actions based on CAN-SPAM and various state anti-spam actions. Our law firm also offers efficient legal defense during anti-spam administering issues. The Law Office of Yelena Sharova P.C. as well provides legal consultations on data management cases. Our New York spam attorneys give professional advice to professional advertising agencies and publishers, depended on federal and New York State spam laws and its issues about unreclaimed commercial communications, as, for example, TCPA (the Telephone Consumer Protection Act), CAN-SPAM, or the California Business and Professions Code.

Professional Internet Spam Lawyers at the Law Office of Yelena Sharova P.C. are familiar with all actual anti-spam laws and realize all the issues involving commercial communications requirements, which gives us additional advantages in making strong defense strategies to our business clients to let them develop their advertising methods and campaigns the way they choose.

State laws on misleading marketing sometimes can be really severe and lead to tough pre-litigation arrangement requirements. That’s why if you get a letter asking for statutory material losses, or if a federal or a state court accuses you of being involved in illegal commercial ad ways, don’t waste a time and contact the Law Office of Yelena Sharova P.C. in New York, Edison or Newark for professional legal consultation.


Alongside with common federal laws, most states have local state laws that regulate spam and whole advertising methods. Anyway, a majority of legal aspects and issues are the same as in the CAN-SPAM Act. In addition, state laws usually forbid misleading or spurious practices and actions, as, for example, laws on general consumer protection). The Can-Spam Act preempts all the local laws involving e-mail commercial communication but excludes other sources, unrelated to e-mail, such as trespass or other fraudulent using of a computer.

In many states, local anti-spam laws forbid to falsify or misrepresent the descent information of the message, or its routing data (such as domain name or an IP of unrelated company or organization, usually without its agreement or permission). They also usually prohibit to misrepresent basic information such as message subject or contact information. Unsolicited messages are also targeted by special software to prevent the distribution or as well sale of various software elements that can possibly help to falsify basic information of the message.

The CAN-SPAM law mostly takes into account email messages. That means following the Act and avoiding deceiving message content and general lawful email campaign, as well as responsible using your computer network, is necessary. You should realize that using misleading practices and strategies, and not only spam, is strictly illegal on both state and federal levels and will be punished.

It is also obligatory to apply anti-spam policy issues on business websites, especially in email messages marketing strategy. To avoid possible legal troubles, your website should be referred to some legal requirements to be considered as safe:

♦ Every user or guest of the site should be able to unsubscribe easily of all the messages or newsletters;

♦ There should be an ability to complain about any spam that can potentially occur;

♦ Contact procedure should be easy enough;

♦ There also should be a restriction to use website information for making and spreading spam emails.


In the Law Office of Yelena Sharova P.C., we are highly professional internet spam lawyers. We have rich CAN-SPAM law litigation experience and know how to protect your rights with efficiency. We offer a high-class defense to internet business marketers and different companies which can act as commercial electronic message senders. We provide internet spam litigation services during court proceedings, no matter if they were started by private consumers, internet providers, or the FTC.

Violating the CAN-SPAM Act can potentially lead to huge fines up to 16000 dollars. There is also a risk of civil consequences from internet providers and general access companies or specific social networks. Moreover, if there are high monetary loss involved, spam proceedings may end in extremal millions or thousands dollar sentence. Individual or private complainants often file special spam lawsuits simply to obtain some money as profit for their statutory losses.

Internet spam attorneys at the Law Office of Yelena Sharova P.C. focus on even the most difficult spam compliance cases and are ready to offer you help in complying with both federal or state laws. If you are facing continuous spam court process, contact one of our offices in Newark, New York or Edison, and get qualified legal advice about what is better to do in a case like yours.

Our New York spam attorneys represent advertising companies and networks, individual business advertisers and associate publishers during complicated and continuous settlements as well as at the time of pre-litigation lawsuit filings. We possess great experience and know a variety of effective strategies and methods to prove your right in a court.


No matter, if you are real internet spammer of a great volume, or you are fully innocent, you require legal services of the highest quality from spam attorneys. Possessing a full set of appropriate legal documents along with high qualified spam lawyer is a key to success.

The Sharova Law Firm has handled many cases dealing with compliance issues that plague businesses. They are successful in finding a solution to the problem that their client is facing and Internet spam issues are not an exception. If you need to speak to one of the highly qualified business attorneys at the Sharova Law Firm do not hesitate, contact them today via website or phone. Being in non-compliance of Internet spam laws such, as the Can-Spam Act can be very costly. Contact the Sharova Law Firm today!