What are the laws governing spam emails?
In Hawaii, the laws governing spam emails are outlined in the Hawaii Unsolicited Electronic Mail Act of 2004. This act establishes rules and regulations for sending commercial emails, commonly known as “spam” to consumers located in Hawaii. The act dictates that businesses must include a clear and conspicuous opt-out notice in each email they send. This opt-out notice notifies the consumer of their right to request that the sender not send any further emails of a commercial nature. The act also outlines that businesses may not misrepresent the source or content of the email, or use a deceptive subject line or false “from” address. Further, businesses are not allowed to harvest email addresses from websites, use dictionary attacks on email accounts, or use automated means to register for multiple email accounts. The act also provides for civil enforcement of its regulations. This means that individuals are able to bring legal action against businesses if they fail to comply with the act. Violations of the law can result in fines of up to $10,000 and potential criminal liability. In short, the Hawaii Unsolicited Electronic Mail Act of 2004 provides the laws and regulations governing spam emails sent to consumers located in Hawaii. Consumers have the right to request that businesses not send them any further emails. Furthermore, businesses are not able to use deceptive methods when sending emails or harvest email addresses from websites. Any violation of these rules can result in legal action.
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