Are there special rules for electronic advertising such as emails and text messages?
Yes, there are special rules for electronic advertising in Delaware. These rules are in place to protect consumers and ensure that marketing emails and texts are not sent without recipients’ permission. The Delaware Code requires companies to obtain prior written consent before sending marketing emails or text messages. Companies must clearly describe the types of messages they will be sending and must provide an easy way for recipients to unsubscribe in each message. In addition, companies cannot send deceptive messages or false representations. The Delaware Code also prohibits companies from sending messages to a person’s mobile device that could be considered telemarketing. Before sending such a message, companies must obtain prior written consent and provide an easy way to unsubscribe from future messages. The Delaware Code additionally requires companies to include certain information in emails and text messages. This includes the company’s mailing address, telephone number, and the option to unsubscribe from future messages. If a company violates Delaware’s advertising law, it will be subject to criminal and civil penalties. Additionally, any individuals who suffer losses due to the violation may also be able to bring a private cause of action. Overall, Delaware has a set of special rules for electronic advertising that are designed to protect consumers and ensure that companies are acting responsibly. Companies must obtain permission for sending emails and text messages, and must include certain information in each message. Violations of Delaware’s advertising law can result in criminal and civil penalties.
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