Consumers:
Junk Mail (Spam) 
As more people rely on e-mail, marketers are increasingly using e-mail messages to pitch their products and services. Some consumers find unsolicited commercial e-mail - also known as spam - annoying and time-consuming; others have lost money due to bogus offers that arrived in their e-mail in-boxes.
One of the most frequent complaints received by the Arkansas Attorney General’s Office is from consumers who are fed up with spam. The Federal Trade Commission reports receiving over 130,000 junk e-mail complaints every day. Almost 45 percent of all
e-mail is spam and that number is growing. It is estimated that spam costs legitimate businesses $9 billion dollars a year!
An Arkansas law passed in 2003 requires persons sending unsolicited e-mail to do each of the following:
- Conspicuously state in the e-mail the sender’s name, address, and valid Internet domain name;
- For a sexually explicit e-mail, the sender must include in the subject line “ADV:ADULT” as the first nine characters;
- Provide the recipient with a convenient, no-cost mechanism to opt-out of receiving future e-mails;
- Inform the recipients that they may opt out.
Anyone who sends an unsolicited e-mail through an e-mail service provider located in this state, or to an e-mail address held by a resident of the state, may not:
- Use the third party’s Internet domain name in identifying the point of origin in stating the transmission path of the e-mail without the third party’s consent;
- Misrepresent any information in identifying the point of origin or the transmission path of the e-mail; or
- Fail to include in the e-mail the information necessary to identify the point of origin on the e-mail.
In addition to the above, an e-mail may be generally deceptive under our deceptive and unconscionable trade practices law if it knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations, source, sponsorship, approval, or certification of goods or services.
While many e-mails are annoying and bothersome, only some fall into the illegal category. If you feel that an e-mail message you have received is illegal, please follow the link provided to file a spam complaint with the Federal Trade Commission at www.ftc.gov or file a complaint with our office by clicking on the link below.
- What Happens to Your Complaint
- What Else Can You Do?
- What Can I Do With the Spam in my In-Box?
- How Can I Avoid Spam Scams?
- Send a Spam Complaint
Consumer Protection Spam Division
501-682-2341
800-482-8982 (statewide)
501-682-8118 (fax)
webspam@ag.state.ar.us
