Private Right of Action
CAN-SPAM provides a limited private right of action to Internet Access Services that have been adversely affected by the receipt of emails that violate the Act. A CAN-SPAM plaintiff must satisfy a higher standard of proof as compared with government agencies enforcing the Act; thus, a private plaintiff must demonstrate that the defendant either sent the email at issue or paid another person to send it knowing that the sender would violate the Act. Despite this heightened standard, private CAN-SPAM lawsuits have cropped up around the country, as plaintiffs seek to take advantage of the statutory damages available under the Act.
Read more about this topic: CAN-SPAM Act Of 2003
Famous quotes containing the words private and/or action:
“For it is a fire that, kindling its first embers in the narrow nook of a private bosom, caught from a wandering spark out of another private heart, glows and enlarges until it warms and beams upon multitudes of men and women, upon the universal heart of all, and so lights up the whole world and all nature with its generous flames.”
—Ralph Waldo Emerson (1803–1882)
“You mustn’t look in my novel for the old stable ego of the character. There is another ego, according to whose action the individual is unrecognisable.”
—D.H. (David Herbert)