We have been providing our blog readers with regular updates on the status of California State Bill AB-2546 (the “Bill”). The latest: As of November 30, 2018, the Bill officially died. The proposed email marketing Bill would have provided stricter requirements for commercial email that was sent either from California or to a California resident’s email address. Given the Bill’s demise, we are interested to see if similar legislation will be proposed in California this year.
Why was the Email Marketing Bill Opposed?
The Bill received fierce opposition from the Data & Marketing Association, Association of National Advertisers, Email Sender & Provider Coalition, Email Experience Council, California Manufacturers & Technology Association, Internet Law Center, and Online Lenders Alliance. It was the oppositions’ collective opinion that the email marketing Bill unnecessarily created compliance provisions and liability already adequately addressed by and through the CAN-SPAM Act.
This is not the first time that commercial email advertising legislation has been proposed in California State. In 2008, then Governor Arnold Schwarzenegger vetoed a similar email marketing bill out of concern that it would create excessive litigation. Ten years later, the same concerns remain.
Consult with an Email Marketing Attorney
To help avoid ending up as a defendant in a commercial email marketing lawsuit, it is important to consult with competent email marketing attorneys prior to commencing any marketing campaign.