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Unmonitored E-Mail Not Violate Maryland SPAM Statute

On February 26, 2015, the Maryland Court of Special Appeals  held that a “from” e-mail address leading to an unmonitored mailbox was not false or misleading information about the origin or transmission path of the e-mail (Walton v. Network Solutions, Md. Ct. Spec. App., No. 1317, 2/26/15).

Here, the plaintiff alleged Network Solutions Inc. violated the Maryland Commercial Electronic Mail Act, Md. C.L. § 14-3001, et seq., in addition to related consumer protection laws by sending multiple e-mails from an unreachable address.  E-mails sent to Network Solutions at the address indicated that the “from” line in the e-mails led to the e-mails being returned to sender with a note that the mailbox was not monitored.

The court analyzed the Maryland Commercial Electronic Mail Act, Md. C.L. § 14-3001, et seq., and concluded that there is no requirement to acknowledge, respond to or monitor return e-mails, but merely a requirement not to misrepresent the identity of, or transmission path from, the sender.

The court also found that the “subject” lines, relating to the purchase of domain names without falsely promising free domains, did not have the capacity to mislead a reasonable consumer.

Lastly, the court also ruled that plaintiff’s state consumer protection law claims for failing to unsubscribe him from the mailing list were time-barred.

Information conveyed in this article is provided for informational purposes only and does not constitute, nor should it be relied upon, as legal advice. No person should act or rely on any information in this article without seeking the advice of an attorney. 

Richard B. Newman
Richard B. Newmanhttp://www.hinchnewman.com
Richard B. Newman is an Internet Lawyer at Hinch Newman LLP focusing on advertising law, Internet marketing compliance, regulatory defense and digital media matters. His practice involves conducting legal compliance reviews of advertising campaigns across all media channels, regularly representing clients in high-profile investigative proceedings and enforcement actions brought by the Federal Trade Commission and state attorneys general throughout the country, advertising and marketing litigation, advising on email and telemarketing best practice protocol implementation, counseling on eCommerce guidelines and promotional marketing programs, and negotiating and drafting legal agreements.

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