Understanding the Ohio CAN-SPAM Act for Telecommunications and ISPs

 

It's important to note that Ohio does not have its own specific state version of the CAN-SPAM Act. Instead, telecommunications companies and Internet Service Providers (ISPs) operating in Ohio must comply with the federal CAN-SPAM Act while also adhering to certain Ohio-specific telecommunications regulations that interact with email and messaging practices.

 

Federal CAN-SPAM Act as Applied in Ohio

 

The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) is a federal law that establishes requirements for commercial email messages and gives recipients the right to opt out. For Ohio-based telecommunications providers and ISPs, this law has specific implications:

 

• ISP Protection Provisions: Ohio ISPs can leverage federal CAN-SPAM protections to block messages they reasonably believe are in violation of the Act
• Enforcement Authority: In Ohio, both the Ohio Attorney General's office and the Federal Trade Commission (FTC) can take action against CAN-SPAM violators
• ISP Immunity: Ohio-based ISPs have immunity when voluntarily blocking emails they believe to be unlawful or violating their policies

 

Ohio-Specific Telecommunications Regulations Affecting Email

 

• Ohio Revised Code (ORC) Section 1345: The Ohio Consumer Sales Practices Act affects how telecommunications companies can market via email to Ohio residents
• Ohio Administrative Code 109:4-3-11: Prohibits deceptive acts or practices in connection with telecommunications services, including misleading email marketing
• PUCO Regulations: The Public Utilities Commission of Ohio has additional requirements for telecommunications providers regarding customer communications

 

Key Requirements for Ohio Telecommunications and ISPs

 

• Header Information: All commercial emails sent by Ohio telecommunications companies must contain accurate header information including the "From," "To," and routing information
• Subject Lines: Subject lines cannot mislead recipients about the contents of the message
• Identification as Advertisement: Messages must clearly indicate they are advertisements
• Physical Address: Must include the valid physical postal address of the sender in Ohio
• Opt-Out Mechanism: Must provide a clear and conspicuous explanation of how recipients can opt out of future emails
• Prompt Opt-Out Processing: Ohio telecommunications companies must honor opt-out requests within 10 business days

 

Ohio ISP-Specific Responsibilities

 

• Monitoring Obligations: While not required to monitor all content, Ohio ISPs must maintain reasonable procedures to prevent the transmission of unlawful spam
• Data Retention: Ohio telecommunications providers must retain certain records related to commercial email for at least 3 years
• Cooperation with Authorities: Must cooperate with the Ohio Attorney General's office in investigations of spam complaints

 

Penalties Specific to Ohio Enforcement

 

• Federal Penalties: Up to $46,517 per violation (as of 2023) when enforced by the FTC
• Ohio State Penalties: The Ohio Attorney General can seek additional civil penalties under the Ohio Consumer Sales Practices Act of up to $25,000 per violation
• Private Right of Action: Ohio ISPs (but not individual recipients) can bring private lawsuits against spammers for damages

 

Compliance Best Practices for Ohio Telecommunications Providers

 

• Maintain Ohio-Specific Disclosures: Include all required Ohio business identification information in commercial emails
• Honor Opt-Out Preferences: Implement systems to track and immediately honor all opt-out requests from Ohio residents
• Data Security Measures: Implement robust security measures to protect email lists containing Ohio residents' information
• Staff Training: Conduct regular training for marketing staff on CAN-SPAM compliance with emphasis on Ohio-specific regulations
• Documentation: Maintain detailed records of consent and opt-out requests from Ohio residents

 

How Ohio ISPs Can Exercise Their Rights Under CAN-SPAM

 

• Implement Filtering Systems: Ohio ISPs can legally filter messages they reasonably believe violate the CAN-SPAM Act
• Develop Policies: Create and enforce clear acceptable use policies for email services
• Damage Recovery: Ohio ISPs can pursue legal action to recover damages for handling spam messages
• Report Violations: Report CAN-SPAM violations to the Ohio Attorney General's office and the FTC

 

Recent Developments Affecting Ohio ISPs and Telecommunications

 

• Broadened Definition of "Sender": Recent interpretations affect how Ohio telecommunications companies must identify themselves in marketing emails
• Text Message Inclusion: Commercial text messages sent by Ohio telecommunications providers are now explicitly covered
• Enhanced Penalties: The FTC has increased monetary penalties affecting Ohio violators

 

If you're an Ohio telecommunications provider or ISP, consider consulting with an attorney specializing in telecommunications law to ensure full compliance with both federal CAN-SPAM requirements and Ohio-specific regulations.