This note discuss recent developments in the area of private enforcement of the federal CAN-SPAM Act. The article is divided into four sections. The first section describes the history and background of the spam problem, while the second outlines historical attempts to combat spam, culminating in the passage of the CAN-SPAM Act. The third section details a series of recent cases in which private entities have attempted to enforce the CAN-SPAM Act, and how courts have attempted to fashion a broader standard for the Act’s private standing provision without opening the door to an excessive number of lawsuits. The final section discusses whether the courts got the balance right, and makes recommendations for the future of private enforcement in this area.
Available at: http://works.bepress.com/vanessa_reid/1/