Proposed law AB-2546 that would amend CA's anti-spam law CBPC 17529.5

by newxxx
6 replies
Proposed law AB-2546 that would amend CA's anti-spam law CBPC 17529.5

https://leginfo.legislature.ca.gov/f...01720180AB2546

Short analysis that I read stated... If passed this bill will basically do away with all commercial email to CA because it prohibits the use of multiple domains to send email - among other things. It also does away with all of the defenses to spam complaints that we commonly argue and would, in my opinion, be devastating to the industry. It's about to come out of the CA Assembly but will still have to go through the Senate process.


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#ab2546 #amend #antispam #ca’s #cbpc #law #proposed
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  • Profile picture of the author agmccall
    Originally Posted by newxxx View Post


    Short analysis that I read stated... If passed this bill will basically do away with all commercial email to CA because it prohibits the use of multiple domains to send email - among other things. )
    I do not see that in the bill you mentioned. The bill pertains to unsolicited emails/advertisements. If you are doing your email marketing legitimately then there is no problem and nothing to worry about

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  • Profile picture of the author Jordan Stark
    The AB 2546 bill covers email marketing to and from California's jurisdiction. Most email servers are in California or pass through California's jurisdiction. This includes gmail, yahoo, live, and basically every email service provider that you know of. I saw this coming years ago. I grew and grow my business WITHOUT email marketing. I am probably the only person here that actually specializes in marketing without using or building an email list.
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  • Profile picture of the author Kay King
    It also does away with all of the defenses to spam complaints that we commonly argue and would, in my opinion, be devastating to the industry.
    How can you ask for opinions or have a discussion of a bill without reading the entire bill?

    Short analysis that I read stated...
    I read it and buried in the legalese are tighter restrictions on third party emails, making false claims, ignoring opt outs, using deceptive text in the subject lines or advertising products other than the person signed up for. It reads to me like a new law to address ABUSES of email list owners. It may go too far - that would the California way.

    Mainly it seems to shift the burden of proof from the person complaining about email abuse to the list owner who is the object of the complaint. There are plenty of laws already - enforcing them is the problem.

    Sharing with third parties - adding you to multiple lists - using deceptive subject lines as if responding to you, disallows sending emails from multiple domains to avoid spam filters...etc.

    Several of the stipulations in the bill are addressing making it illegal to do anything that is an attempt to bypass spam filters or to 'fool' the recipient as to who you are and why you are emailing them.
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  • Profile picture of the author DIABL0
    There is no reason to not build an email list.

    While certain aspects of the bill could affect some sending commercial email, it is really geared toward those doing cold email.

    Ideally, it will be knocked down, but if not, you can just not mail to CA addresses.
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  • Profile picture of the author Katie Watters
    Like with any new legislation (GDPR is in effect as of tomorrow), marketers are required to adjust and pivot on their current strategies.

    This doesn't make it impossible to send cold emails, just a new way to approach a cold email list.
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