Class Action Lawsuit InvestigationFlorida Misleading Spam Email

Fraudulent, false or deceptive e-mail messages

Florida Misleading Spam Email Class Action Lawsuit

What is considered a SPAM email? Spam is a popular term for unsolicited commercial electronic mail. A lot of spam email is often considered “Junk Email” and not all spam is illegal.

However, Florida’s law prohibits fraudulent, false or deceptive spam. Unlawful spam is a daunting problem, but through coordinated efforts of federal and state law enforcement, Internet Service Providers, concerned citizens, and Shamis & Gentile, P.A. Spam Email Attorneys, we are working to address the spam invasion.

According to the Florida Attorney General, the state’s Electronic Mail Communications Act prohibits businesses from sending “fraudulent, false or deceptive e-mail messages.”

Have you received an email from a Florida business you have no relationship with that contained false or misleading information in the subject line?

If you are a Florida resident and received an email from a business that contained false or misleading information in the subject line, OR if you received an email from a Florida business that contained false or misleading information in the subject line, you may qualify to join a Florida spam email class action lawsuit investigation.

Fill out our Florida Spam Email investigation form here if you received a fraudulent, false or deceptive e-mail message and join the class action investigation today.

What is FEMCA or Florida’s Electronic Mail Communications Act?

Florida’s Electronic Mail Communications Act (FEMCA) prohibits businesses from sending misleading emails to consumers. Under the law, an email is deemed a violation if the following apply:

  • The email was sent for business/commercial purposes;
  • The email was unsolicited and was sent by a business that the recipient had not done business with before;
  • The email was received by a Florida resident or was sent by a Florida business;
  • AND one of the following:
  • The email contains false/misleading information in the subject line; OR
  • The email contains a false header (falsified, missing routing info, and/or obscures the sender).

When are Spam Emails Illegal in Florida?

Under the Florida Electronic Mail Communications Act, an email is prohibited if the following apply:

  • The email was sent for business/commercial purposes;
  • The email was unsolicited and was sent by a business that the recipient hadn’t entered into a transaction or had a prior relationship with;
  • The email was received by a Florida resident or was sent by a Florida business;

AND one of the following:

  • The email features false/misleading information in the subject line; OR
  • The email contains a false header (falsified, missing routing info, and/or obscures the sender).

What Action Can Consumers Take?

The Florida Electronic Mail Communications Act allows consumers recover up to $500 in damages for each e-mail violation.

Legal action has already been taken by consumers under this law. For example, a consumer filed a Florida email spam class action lawsuit against the Defendant. The consumer claimed that the Defendant sent an unsolicited false or misleading email with the subject line essentially saying “Don’t miss out… FREE PROGRAM” promising the recipient a free weight loss program.

However, upon opening the email, the consumer observed the following statement: “FREE PROGRAM for your Friends & Family. All they have to do is just pick up their products for $399.”  Thus, the claim in the subject line of a free program is false and misleading as any other consumer would have been required to pay at least $399 for the program.

Join a Florida Misleading Spam Email Class Action Lawsuit Investigation

If you are a Florida resident and received emails from a business that contained false or misleading information in the subject line, OR if you received an email from a Florida business that contained false or misleading information in the subject line, you may qualify to join a Florida misleading spam email class action lawsuit investigation.

Fill out our Florida Spam Email investigation form here if you received a fraudulent, false or deceptive e-mail message and join the class action investigation today.

Spam Email Class Action Lawsuit

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Spam Email Class Action Lawsuit

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