Sued for $1,000 Per Email Under California's Anti-Spam Law: Is the Claim Real?

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

Yes, it is a real claim. Business and Professions Code section 17529.5 lets the recipient of an unsolicited commercial email sue the advertiser for liquidated damages of $1,000 per email. The email must contain falsified or misrepresented header information, a subject line likely to mislead, or a third party's domain name used without permission. Marketing email with accurate headers, sent to people who agreed to receive it, is not the target. Kolmogorov Law, P.C. defends California businesses against these suits.

Call (909) 235-6116 or contact us online to discuss a claim over your company's marketing email.

What section 17529.5 prohibits

The statute covers a commercial email advertisement sent from California or to a California email address. Advertising in one is unlawful in three circumstances. (Bus. & Prof. Code, § 17529.5, subd. (a).)

The email contains or is accompanied by a third party's domain name without that party's permission.
It contains or is accompanied by falsified, misrepresented, or forged header information.
Its subject line is one a person knows would be likely to mislead a reasonable recipient about a material fact regarding the contents or subject of the message.

A California email address includes one furnished to a resident of the state, or one ordinarily accessed from a computer located here. (Bus. & Prof. Code, § 17529.1, subd. (b).)

A violation is also a misdemeanor. (Bus. & Prof. Code, § 17529.5, subd. (c).) Our work is the civil claim.

Who can sue, and for how much

Three plaintiffs are named: the Attorney General, an email service provider, and a recipient of an unsolicited commercial email advertisement. The plaintiff may recover actual damages, liquidated damages of $1,000 for each unsolicited email sent in violation of the section, or both. Liquidated damages are capped at $1,000,000 per incident. A prevailing plaintiff may also recover reasonable attorney's fees and costs. (Bus. & Prof. Code, § 17529.5, subd. (b)(1).)

"Unsolicited" has a definition. The recipient must not have given direct consent to receive advertisements from the advertiser, and must have no preexisting or current business relationship with it. A relationship exists when the recipient made an inquiry and provided the address, or made an application, purchase, or transaction. (Bus. & Prof. Code, § 17529.1, subds. (l), (o).) On those words, a person who bought from you is in a weak position to sue over your own emails. The same definition requires emails sent on that basis to offer an opt-out, by toll-free number or unsubscribe email.

An individual may bring a claim of up to $12,500 in small claims court. (Code Civ. Proc., § 116.221.) A dozen emails fit under that limit, and our small claims guide explains how that court works.

Emails your affiliates sent

A company that pays an affiliate network for each sign-up may never see the emails sent in its name. That does not protect it. The Court of Appeal has held that the section applies to entities that advertise in deceptive commercial emails, and not only to the senders. It contains no intent requirement, so an advertiser can be liable without knowing the emails were sent. (Hypertouch, Inc. v. ValueClick, Inc. (2011) 192 Cal.App.4th 805, 821-822.)

One protection is written into the statute. If the court finds that the defendant established and implemented, with due care, practices and procedures reasonably designed to effectively prevent violating emails, it must reduce liquidated damages. The maximum becomes $100 per email, or $100,000 per incident. (Bus. & Prof. Code, § 17529.5, subd. (b)(2).)

The affiliate agreement may also shift the loss. See our page on indemnification clause disputes.

What the statute does not reach

Using many domain names is not, by that fact alone, a violation. The California Supreme Court held that sending advertisements from multiple domain names to get past spam filters was not unlawful where the names were accurate and traceable to the advertiser's marketing agents. It did not define the full reach of "misrepresented" header information. (Kleffman v. Vonage Holdings Corp. (2010) 49 Cal.4th 334, 346-347.)

Federal law narrows the field as well. The federal CAN-SPAM Act supersedes state statutes that expressly regulate commercial email, except to the extent they prohibit falsity or deception. (15 U.S.C. § 7707(b)(1).) Hypertouch held that a section 17529.5 claim survives even though the plaintiff need not prove reliance or damages. The court distinguished claims built on immaterial errors, which remain open to a preemption defense.

The one-year deadline and other defenses

Hypertouch also sorted out the limitations periods. A claim for the $1,000 liquidated damages is a penalty claim with a one-year period. A claim for actual damages has three years. (Hypertouch, supra, 192 Cal.App.4th at pp. 842-843.) Every email carries a date, so sort them first.

What to do when the claim arrives

Preserve the emails with their full headers, the sending logs, suppression lists, opt-in records, and every affiliate agreement. Our litigation hold page explains the duty. Find out who sent each message, and give written notice to any affiliate or network that owes you indemnity.

Do not email the claimant, and do not ignore a small claims hearing date. The general steps are on our page about receiving a demand letter. A superior court complaint may add a claim under the Unfair Competition Law.

What to bring to the first meeting

The demand, claim form, or complaint.
Each email at issue, saved with full header information.
Records showing how the recipient's address was obtained.
Agreements with affiliates, networks, and email vendors.
Your written email marketing procedures, if any.

Frequently asked questions

Someone sued us for $1,000 per email over our marketing emails. Is that a real claim in California?

Yes. California Business and Professions Code section 17529.5 allows a recipient of an unsolicited commercial email advertisement to recover liquidated damages of $1,000 per email, up to $1,000,000 per incident, plus attorney's fees. The claim requires a prohibited feature: falsified or misrepresented headers, a misleading subject line, or a third party's domain name used without permission. Truthful email sent with consent does not fit.

What does California's anti-spam law prohibit?

Section 17529.5 prohibits advertising in a commercial email sent from California or to a California email address in three cases. The email uses a third party's domain name without permission. It carries falsified, misrepresented, or forged header information. Or its subject line is one a person knows would be likely to mislead a reasonable recipient about a material fact. The law does not ban commercial email as such.

Does the federal CAN-SPAM Act override California's anti-spam law?

Only in part. Under 15 U.S.C. section 7707(b)(1), the federal Act supersedes state statutes that expressly regulate commercial email, except to the extent they prohibit falsity or deception. A California Court of Appeal has held that section 17529.5 claims based on materially false or deceptive emails are not preempted, even without proof of reliance or damages. Claims resting on immaterial errors are more vulnerable.

Our company never sent the emails; an affiliate marketer did. Can we still be liable under section 17529.5?

Yes. A California Court of Appeal has read section 17529.5 to reach the company whose goods or services are advertised, even if an affiliate sent the email and the company did not know. Civil liability has no intent requirement. If the company established and implemented, with due care, procedures reasonably designed to prevent violations, liquidated damages drop to a maximum of $100 per email.

How long does someone have to sue under section 17529.5?

A California Court of Appeal has held that a claim for the $1,000 liquidated damages is a penalty claim, subject to the one-year period in Code of Civil Procedure section 340. A claim for actual damages has three years under section 338. A defendant should compare the date of each email with the date the claim was filed before evaluating any demand.

Talk to a California business litigation attorney

If your business has been sued or threatened over marketing email, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located in Irvine, California, and represents companies and their owners in the state and federal courts in California.

This page provides general information about California and federal law and is not legal advice. Outcomes depend on the emails, the facts, and the court.