What is the Statutory Authority Regarding Potential Fines for the CAN-SPAM Act?
CAN-SPAM ACT
15 U.S.C. §7706(g)(3)(D).
Reduction of damages:
In assessing damages under subparagraph (A), the court may consider whether—
(i) the defendant has established and implemented, with due care, commercially reasonable practices and procedures designed to effectively prevent such violations; or
(ii) the violation occurred despite commercially reasonable efforts to maintain compliance with the practices and procedures to which reference is made in clause (i).
California Business and Professions Code § 17529.5(d)(2)
(2) If the court finds that the defendant established and implemented, with due care, practices and procedures reasonably designed to effectively prevent unsolicited commercial e-mail advertisements that are in violation of this section, the court shall reduce the liquidated damages recoverable under paragraph (1) to a maximum of one hundred dollars ($100) for each unsolicited commercial e-mail advertisement, or a maximum of one hundred thousand dollars ($100,000) per incident.
Courts, however, must reduce the liquidated damages that a plaintiff can recover to a maximum of $100 for each email or $100,000 per incident if a defendant is able to establish the implementation of practices and procedures to effectively prevent illegal unsolicited commercial email advertisements.
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