There’s a fast-moving bill making its way through the California Assembly and expected for a Floor vote at any time. We urge you to take action TODAY to stop this bad bill from becoming state law!
AB 2546 is bad for business, legitimate email marketers and a slippery slope for other states to pass a myriad of confusing and conflicting laws affecting email marketing. This bill:
- Contains private right of action, up to $1 million/per incident;
- Benefits the trial bar, without providing consumers with additional protections; and
- Unnecessarily creates provisions and liabilities already enforced or pre-empted by federal law – CAN-SPAM Act.
Steps You Can Take to Oppose this Bill from becoming Law
- Contact your State Assemblyman.
- Contact the bill’s sponsor
- Spread the word — tell your colleagues, peers, boss.
Federal law, enforcement and self-regulation work!
The CAN-SPAM Act creates a national standard for the regulation and enforcement of commercial email messages. Emails cannot contain false or misleading header information and subject lines, and automated means cannot be used to register multiple email accounts.
- The Federal Trade Commission (FTC) already actively enforces and has authority to shut down illegal spam and has imposed millions of dollars of fines.
- States Attorneys General already have the authority to obtain injunctions and seek damages on behalf of state residents.
- Section 5 of the FTC Act and current California law prohibit “unfair or deceptive acts or practices” which includes sending false or misleading advertisements and unfairly taking advantage of consumers in way that causes or is likely to cause harm.
- Self-regulation works: DMA’s Guidelines for Ethical Business Practice provide meaningful transparency, controls, and accountability to help ensure responsible marketing practices.
To prevent confusion, unnecessary litigation liability and to allow law-abiding businesses to operate under a single standard, we urge you to oppose AB 2546.
TAKE ACTION TODAY!
Chris Oswald — VP, Advocacy | DMA Government Affairs
Lisa Brown Shosteck — Director, eec