Are you confident your email marketing won’t land your business in legal trouble? Florida business owners face a double layer of regulation: the federal CAN-SPAM Act and Florida Statutes § 668.606. The CAN-SPAM Act (15 U.S.C. § 7701 et seq.) requires all commercial emails to include clear opt-out instructions, accurate sender information, and prohibits deceptive subject lines. Florida law goes further, allowing recipients to sue for violations and recover damages.
A common mistake is failing to process unsubscribe requests within the required 10 business days. Another is using misleading headers or subject lines, which can trigger both federal fines and Florida lawsuits. Businesses often overlook the need to keep records of compliance—without proof, you’re exposed to statutory damages, attorney fees, and reputational harm. Even a single non-compliant email can result in costly litigation.
To stay compliant, review your email templates for accurate sender info, ensure opt-out links are functional, and train staff to process unsubscribe requests promptly. Keep detailed records of all opt-out requests and responses. If your business sends emails to Florida recipients, consult a Florida business attorney to audit your practices and minimize risk. The stakes are high, and proactive compliance is your best defense.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
