Privacy Law Library

Computer Crimes: Unrequested Commercial Email and Failure to Cease Email on Request

DE Commercial Email Law

Marketing · Communications

Delaware makes it a computer crime to send unsolicited bulk commercial email without authorization, to forge email header information to send spam, or to keep sending commercial email after the recipient asks the sender to stop. All commercial email sent to Delaware addresses must explain how to unsubscribe. Note that the federal CAN-SPAM Act (15 U.S.C. § 7707(b)) preempts state commercial email rules except those targeting falsity or deception.

Where
Delaware
Citation
11 Del. C. §§ 937, 938, 939, 941
Status
In force
In force since
1999-07-02
Enforced by
Criminal prosecution by the State; civil actions by aggrieved persons in the Court of Chancery or for damages (941)
People can sue
Yes
Penalties
Graded computer crimes from misdemeanor to class D felony depending on the value of damage or services affected (939); aggrieved persons may obtain injunctions, actual and unjust-enrichment damages, treble damages for wilful violations, and attorney fees (941).
Applies to
  • Senders of unsolicited bulk commercial email to receiving addresses controlled by authorized users of computer systems, including out-of-state senders reaching Delaware recipients (937-938)
  • Excludes person-to-person email, requested information, organization-to-member email, and email within a preexisting business relationship; ISPs are not liable for mere transmission (937(1))

What a privacy notice must say

  • All commercial email sent to a receiving address in Delaware must tell the recipient how to unsubscribe or stop further commercial email from the sender.11 Del. C. § 938(a)

Practices it requires

  • Stop sending commercial email to an address after the recipient requests it; intentional, reckless, or negligent failure is a crime.11 Del. C. § 938(a)
  • Do not send unsolicited bulk commercial email without authorization, falsify email transmission information for bulk email, or distribute software designed to forge routing information.11 Del. C. § 937

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective date uses the approval date of 72 Del. Laws c. 135; the extent of CAN-SPAM preemption of §§ 937-938 has not been tested here against Delaware case law.

Research reference, not legal advice.