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What realistic recourse does anyone have when a sender violates this requirement?



Mark as spam in a big system (GMail, Hotmail, DCC, whatever). Seriously, it doesn't take that many pissed GMail users to cause GMail to drop all of your mail. This is one reason why outfits like MailChimp will kick you off if you get "marked as spam" too often.

(You could argue that such mail isn't "real" spam; nonetheless, "mark as spam" is realistic.)


IANAL. Unfortunately I don't think it's possible to file a civil suit on your own as with, say, junk faxes (though someone please correct me if that's wrong).

So I guess your best bet is to file a complaint with the FTC, which does occasionally sanction companies, or with your state attorney general, who also has the power to force action.




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