The federal CAN-SPAM Act permits the sending of unsolicited email advertisements under certain conditions. One condition is that header information in the email should not be “materially false or materially misleading”. What does this mean, and if you make a “technical” mistake in an email header, are you strictly liable under CAN-SPAM?The Vacation Spammer CaseIn November, 2006, the 4th Circuit Court of Appeals commented in the case of Omega World Travel v. Mummagraphics, Inc.(sometimes referred to as the “Vacation Spammer Case”) that while Spam (unsolicited commercial email) remains a vexing problem, the federal CAN-SPAM Act “does not impose liability at the drop of a hat”. This is a good thing for email marketers.The defendant, Omega World Travel, sent unsolicited emails to plaintiff Mummagraphics advertising travel cruises. The emails did not properly identify Omega’s internet domain and email address, but they did include an opt-out email address. Mummagraphics’ President did not use the opt-out feature, but he did complain, even to the extent of posting pictures of Omega’s owners on anti-spam websites, which prompted Omega to sue for defamation. Mummagraphics counterclaimed for violations of the CAN-SPAM Act as well as Oklahoma statutes.The Court’s HoldingsOn appeal, the 4th Circuit held that (1) […]

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