FTC CAN-SPAM Violations

[unbilledbunion]

I received an unsolicited email without an unsubscribe link from a company I have never been in contact with. According the FTC and CAN-SPAM Act of 2003 regulations this is a fine of up to $41,484. I have reported to my states AG and the FTC, both of which stated they do not file suit for individual claims. My question is, as this company has clearly broken the law and is subject to a fine, do I have the ability to file suit for damages?

 

[quincy]

I received an unsolicited email without an unsubscribe link from a company I have never been in contact with. According the FTC and CAN-SPAM Act of 2003 regulations this is a fine of up to $41,484. I have reported to my states AG and the FTC, both of which stated they do not file suit for individual claims. My question is, as this company has clearly broken the law and is subject to a fine, do I have the ability to file suit for damages?

What are your damages?

 

[unbilledbunion]

What are your damages?

Personally, obviously none except for never ending SPAM. According to the CAN-SPAM Act each violation of an email without an unsubscribe option is subject to a fine of $41,484 - my question is, can I actually sue for this amount.

 

[quincy]

No, you can't sue for that amount.

You took the proper action by reporting the company.

If you have no damages, you have no lawsuit.

Here is a link that might clarify for you who has an action to pursue under the CAN-SPAM Act:
https://www.law.cornell.edu/wex/inbox/can-spam_standing