A large corporation hired an independent marketing firm to manage its email advertising campaign. Subsequently, it was found that the firm was sending commercial emails without including necessary information about how to stop receiving emails in the future. In addition, they failed to honor the opt-out requests of the recipients within 10 business days. Under the CAN-SPAM Act, which of the following is true?
Under the CAN-SPAM Act, both the corporation whose product is promoted in the email and the marketing firm that sent the email can be held legally responsible for violations. This includes failing to include an opt-out mechanism in the emails and not honoring opt-out requests within the stipulated time frame. The law holds both parties accountable to ensure compliance and protect consumers from spam.
For example, in case of violation of law through emails sent for the promotion of commercial products and services, both the company whose product is being promoted in the message and the company that originally sent the message may be held legally responsible.