Privacy Law Library

Electronic Mail Communications Act (commercial e-mail)

Florida Electronic Mail Communications Act

Marketing

Florida's anti-spam law. It prohibits unsolicited commercial e-mail that uses a third party's domain without permission, falsifies or hides routing information, carries a false or misleading subject line, or contains deceptive content meant to damage the recipient's device.

Where

Florida

Citation

Fla. Stat. 668.60-668.610

Status

In force

In force since

2004-07-01

Last amended

2006-07-01

Enforced by

Florida Department of Legal Affairs; interactive computer services, telephone companies, and cable providers; state attorneys (criminal)

People can sue

Limited

Penalties

The department may seek damages, injunctions, and civil penalties; interactive computer services, telephone companies, and cable providers may sue for actual damages or $500 per violating message plus fees, within 4 years (668.606). Violations are first-degree misdemeanors, or third-degree felonies at high volumes or revenues, or when minors are used (668.608).

Applies to

• Any person who initiates or assists in sending unsolicited commercial e-mail from a Florida computer or to an e-mail address held by a Florida resident (668.603)