Privacy Law Library

Unsolicited advertising by electronic means (commercial e-mail)

Tenn. Commercial Email Law

Marketing

The official source for this law changed after it was last checked. It is being re-checked.

Requires senders of unsolicited advertising e-mail to provide a toll-free number or return e-mail address for opting out, to honor opt-outs, and to begin the subject line with "ADV:" ("ADV: ADLT" for adult material). It also bans distributing software built to falsify e-mail routing information. The statute says it becomes inoperative when federal law regulates unsolicited commercial e-mail, which raises a real question about its current force after CAN-SPAM (2003).

Where
Tennessee
Citation
Tenn. Code Ann. §§ 47-18-2501, 47-18-2502
Status
In force
Enforced by
Injured recipients and e-mail service providers (private civil action)
People can sue
Yes
Penalties
Injured persons may recover damages and costs; for unsolicited bulk e-mail, recipients may instead elect the lesser of $10 per message or $5,000 per day, and e-mail service providers the greater of those amounts, plus attorney fees. Much of the section is likely preempted by the federal CAN-SPAM Act, and subsection (j) makes it inoperative once federal law regulates unsolicited commercial e-mail.
Applies to
  • Persons and entities conducting business in Tennessee that send unsolicited advertising e-mail
  • Unsolicited bulk e-mail delivered to Tennessee residents through e-mail service provider equipment located in Tennessee
  • Sellers and distributors of software designed to falsify e-mail routing information

What a privacy notice must say

  • Begin the subject line of unsolicited advertising e-mail with "ADV:", or "ADV: ADLT" for adult-only material.Tenn. Code Ann. § 47-18-2501(d)

Practices it requires

  • Provide a toll-free number or valid return e-mail address that recipients can use to opt out of further unsolicited advertising e-mail.Tenn. Code Ann. § 47-18-2501(a), (c)
  • Stop sending unsolicited e-mail to a recipient who has asked not to receive more.Tenn. Code Ann. § 47-18-2501(b)
  • Do not sell or distribute software designed to falsify e-mail transmission or routing information.Tenn. Code Ann. § 47-18-2501(f)

Sources

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

Unverified: No primary source fetched (enacted 1999 ch. 475, amended 2003 ch. 15; not fetched). Whether subsection (j) has rendered the section inoperative after the federal CAN-SPAM Act has not been confirmed by a Tennessee court or official source.

Research reference, not legal advice.