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Electronic marketing and internet use

Electronic marketing
Are there rules specifically governing unsolicited electronic marketing (spam)?

Yes. The Controlling the Assault of Non-Solicited Pornography and Marketing Act protects individuals against unsolicited commercial electronic communications and includes specific requirements for commercial emails (15 USC §§ 7701–7713). Beyond spam emails, the Telephone Consumer Protection Act is a critical law, as it protects against unwanted marketing and guards individuals against unwanted or harassing telemarketing and other communications made by autodialers, pre-recorded messages, text messages or faxes (47 USC § 227 and following). The Telephone Consumer Protection Act, which has a private right of action, is the source of many class actions and significant potential liability because its damages are set by statute on a per call, fax or text basis.

Cookies
Are there rules governing the use of cookies?

Online tracking must be properly disclosed pursuant to California tracking disclosure requirements. Likewise, general privacy standards for notice and prohibitions on deceptive or unfair business practices forbid unfair or deceptive use of cookies. Generally, however, no specific regulations govern the use of cookies.

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