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The federal CAN-SPAM Act regulating various aspects of email solicitations and advertising does not preempt California statutes prohibiting specified deceptive advertising in a commercial electronic message (Business & Professions Code Section 17529.5), according to a California Court of Appeal decision (Hypertouch, Inc. v. Value Click, Inc., California Courts of Appeal No. B218603, January 18, 2011).  Unlike the CAN-SPAM Act, the state law in question essentially imposes strict liability for commercial emails containing materially deceptive content, without requiring proof of underlying fraudulent intent.

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