3

According to CAN-SPAM, it should be possible to unsubscribe from a given vendor without much issue or fuss (emphasis added for the relevant part):

https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request.

I'm in Texas, I've tried unsubscribing from some list via their webpage, but it seems like the vendor's system isn't working properly, and I still continue receiving the emails past the 10 days.

Moreover, these emails come with misleading and deceptive e-mail subject headers, which I personally find disturbing and would classify as the real "fake news".

Do I have any recourse?

2

Assuming that the email has the requisite properties (is commercial advertising or promotion – not transactional or relationship) and that you submitted the request with 30 days of receipt, you can complain to the FTC, as described here. The online complain interface is here. If you are an internet service provider and have been adversely affected then under 15 USC 7706(g) you may sue the offender for damages.

Texas has an analog of CAN-SPAM (which, the Texas AG points out, is superseded in some sections by federal law). There doesn't currently appear to be an active mechanism for complaining to the Texas AG, but maybe it just requires a phone call.

  • do you at all know if there's a state law that possibly pre-empts? – cnst Jan 21 '17 at 2:28

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