Are there special rules for electronic advertising such as emails and text messages?
Yes, electronic advertising, such as emails and text messages, are subject to special rules under Kansas advertising law. It is considered an "unsolicited electronic advertisement" if the message was sent to someone who did not give their permission to receive it or if the sender does not follow certain guidelines. Under the current law, an unsolicited electronic advertisement must provide a valid physical mailing address in the message, as well as instructions for how the recipient may opt out or unsubscribe from the message. Additionally, the message must include information about the sender, such as the name and contact information of the person or company who is sending it. It is also illegal to send unsolicited electronic messages to minors under the age of 16. If a sender is found to be in violation of any of these rules, they can be subject to legal penalties. Moreover, it is important for businesses to note that unsolicited emails may be in breach of the federal CAN-SPAM Act, which restricts how businesses are allowed to send out advertising messages. Fines for violating this law can result in up to $16,000 per message. Therefore, it is important for businesses to be aware of the laws at the state and federal level when sending out electronic advertisements, such as emails and text messages. Doing so can help avoid potential legal penalties and fines.
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