CAN-SPAM Act Lawsuits and Class Actions for Unsolicited Emails

Updated: June 28, 2025

What Is the CAN-SPAM Act?

The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing) is a federal law enacted in 2003 to protect consumers from unwanted commercial email messages. It sets clear rules for email marketing, including opt-out requirements and penalties for violators. Companies that send unsolicited emails must include a way to unsubscribe, a valid physical address, and truthful header and subject lines.

Email Spam Lawsuits in Brief

● Violations: Common violations include no unsubscribe link, misleading headers, or fake physical addresses.

● Penalties: The FTC can impose fines of up to $51,744 per email for willful violations of the CAN-SPAM Act.

● Class Actions: Consumers may be eligible to join class action lawsuits against companies sending unlawful email spam.

Examples of Spam Text or Email Class Actions

• QuoteWizard Telemarketing Settlement: Received texts while on the Do Not Call Registry? You may qualify for compensation under a new TCPA class action - View Investigation

• Designer Brands & DSW - $4.43M TCPA Settlement: Unsolicited marketing calls/texts to DNC numbers - View Investigation

• Realogy/Coldwell Banker - $20M Telemarketing TCPA Settlement: Calls/texts to numbers on the Do Not Call list - View Investigation

• National Grid Robocalls - $38.5M Settlement: Pre-recorded calls to DNC and non-consenting consumers - View Investigation

• Capital One - $75.5M TCPA Settlement: Autodialed calls to mobile phones without consent -

• Satellite Radio - $25M Settlement: Telemarketing calls to numbers on the Do Not Call registry -

• GoDaddy - $35M Text Messaging Settlement: Unsolicited marketing texts to cell phones -

• Wells Fargo - $17.85M TCPA Settlement: Autodialed debt-collection calls without consent -

• Dish Network - $20.5M TCPA Class Action: Robocalls to DNC-listed consumers

• ViSalus - $925M TCPA Verdict: Millions of robocalls sent without consent

Can You Get Paid for Email Spam?

Yes, in some cases you can get $250 per spam email that is not following laws regarding the CAN-SPAM Act. If a company is found to violate the CAN-SPAM Act, consumers may be eligible to receive part of a class action settlement. However, individuals cannot usually file lawsuits directly under the Act unless they are an Internet Service Provider (ISP). Instead, government bodies like the FTC or state attorneys general enforce the Act and may pursue legal action that leads to public settlements. Or you may need to seek an attorney to file a lawsuit on your behalf.

How to Spot a CAN-SPAM Violation

Not all email or mail spam is illegal. But a message could be in violation of the CAN-SPAM Act if it:

• Lacks an opt-out or unsubscribe link
• Uses misleading subject lines or headers
• Doesn't identify itself as an ad
• Fails to include a valid postal address

What You Can Do If You Get Illegal Email Spam

Save the email and report it to the Federal Trade Commission. You can also check if any active class actions are collecting claimants. If a settlement is reached, you may be able to file a claim and receive compensation. You can file a claim with the federal government's Federal Trade Commission, that handles consumer issues such as email spam using www.ftc.gov/complaint.

How Can a Business Stay Compliant with the CAN-SPAM Act?

• Always use honest and accurate subject lines that reflect the content of the email
• Clearly label the message as an advertisement if it's promotional in nature
• Include a valid physical postal address in the footer of your email
• Provide a clear and functioning unsubscribe link that remains active for at least 30 days
• Honor opt-out requests promptly, within 10 business days
• Make sure the sender's name and email are not misleading or disguised

Does the Subject Line Need to Say "Advertisement"?

No, but it must not be deceptive. It should clearly indicate the commercial nature of the message. For example, a subject like "Affordable Legal Intake Tools for Your Practice" is acceptable as long as it matches the content and intent.

Can You Send Cold Emails to Potential Clients?

Yes, but they must comply with CAN-SPAM rules. Cold emails are allowed if they are honest, include an opt-out mechanism, and meet all the requirements such as valid sender info and a physical address.

What Happens If a Business Violates CAN-SPAM?

Each separate email in violation is subject to penalties upwards of $50,000 from the government, or $250 in civil lawsuits. Enforcement can come from the Federal Trade Commission, state attorneys general, or civil lawsuits—including class actions if enough consumers are affected.

What Counts as a "Commercial Message"?

Any email that primarily promotes a commercial product or service. This includes promotional emails, newsletters with marketing content, and follow-ups that include offers.

What You Can Do If You Get Illegal Email Spam

Recent CAN-SPAM Class Actions and Settlements

While the majority of enforcement comes from government entities like the FTC, there have been consumer-focused lawsuits as well. These typically occur when a company repeatedly sends deceptive or unconsented marketing emails. Class action lawsuits have targeted real estate companies, online retailers, and app platforms that violated spam laws. You can stay updated on current lawsuits by visiting: