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Can I offer contests that involve email promotions in California? What are the requirements?

To offer contests that involve email promotions in California, you must comply with the restrictions on unsolicited commercial email advertisements set forth in the California Business and Professions Code [1.2]. Specifically, you cannot initiate or advertise in an unsolicited commercial email advertisement from California or advertise in an unsolicited commercial email advertisement sent to a California electronic mail address [1.2].

To avoid violating the restrictions, you must ensure that you have direct consent from the recipient to receive email advertisements from you [1.3]. Direct consent means that the recipient has expressly consented to receive email advertisements from you, either in response to a clear and conspicuous request for the consent or at the recipient’s own initiative [1.3].

Additionally, if you are sending commercial email advertisements pursuant to a preexisting or current business relationship, you must provide the recipient with the ability to “opt-out” from receiving further commercial email advertisements by calling a toll-free telephone number or by sending an “unsubscribe” email to you [1.3].

If you violate the restrictions on unsolicited commercial email advertisements, a recipient of an unsolicited commercial email advertisement transmitted in violation of the law, an electronic mail service provider, or the Attorney General may bring an action against you to recover actual damages or liquidated damages of one thousand dollars ($1,000) for each unsolicited commercial email advertisement transmitted in violation of the law, up to one million dollars ($1,000,000) per incident [1.4].

In conclusion, to offer contests that involve email promotions in California, you must comply with the restrictions on unsolicited commercial email advertisements and ensure that you have direct consent from the recipient to receive email advertisements from you. Additionally, if you are sending commercial email advertisements pursuant to a preexisting or current business relationship, you must provide the recipient with the ability to “opt-out” from receiving further commercial email advertisements. Failure to comply with these requirements may result in legal action and significant damages [1.2][1.3][1.4].

Source(s):
Jurisdiction

California