California Business Code § 17529.5: Unsolicited Email

California Business and Professions Code Section 17529.5: Unsolicited Email can be used to prosecute individuals who send unwanted emails. If you’ve been accused of sending unlawful commercial email advertisements, you’re probably worried about the penalties you could face if convicted.

Fortunately, a Los Angeles criminal defense lawyer with a deep understanding of California Business & Professions Code can help you understand your BPC 17529.5 charges and fight to protect you from a damaging conviction. Let’s take a closer look at this law and some legal defenses that can be used to combat unsolicited email charges.

Understanding California Business and Professions Code Section 17529.5: Unsolicited Email Charges

Not every email sent without the direct solicitation of the recipient will lead to Business and Professions Code Section 17529.5 charges in California. However, you can face criminal charges if you send an e-mail advertisement from California or to an email address in California in any of the following cases:

You include the domain name of a third party without that party’s permission
The email’s header information is forged, falsified, or misrepresented
The subject line of the email is misleading about the email’s contents or subject matter

Any email that meets one of the above criteria can lead to a BPC 17529.5 charge. A conviction can lead to fines and jail time in the state of California. If you’re facing charges for sending an unsolicited email to another party’s electronic mailing address, you’ll want to reach out to an attorney ASAP.

Reviewing Examples of Unsolicited Email Charges

Reviewing an example of a case that can lead to charges under California’s Business and Professions Code Section 17529.5: Unsolicited Email law can help you understand your case. In this example, person A needs money in a hurry, so they acquire a list of email addresses and send messages with false subjects.

In the email, person A pretends to be a banking institution and requests the personal information of email recipients. He could be charged under BPC 17529.5 for this act. In another example, person B is bored while in class and decides to send a mass email to all the faculty at his college.

No one wants to get the email, but it doesn’t include forged information, and the email header is not misleading in any way. Therefore, person B should not face charges for unsolicited email, even though the email was not solicited by anyone. Person B did not act fraudulently, so they should not be convicted under BPC 17529.5.

Penalties for an Unsolicited Email Conviction

If you are convicted of sending unsolicited electronic mail messages under California’s Business and Professions Code Section 17529.5, you could face severe penalties. The good news is that a dedicated criminal defense attorney can help you combat your charges and fight to protect you from the following consequences:

Up to $1,000 in fines
Up to six months in county jail

It’s important to note that, in some situations, the individual who received the unsolicited email could also be granted liquidation and actual damages related to the email. This can raise the total monetary penalty associated with a BPC 17529.5 conviction. An attorney can advise you further on penalties and provide the advocacy you need to avoid a conviction.

How an Experienced Attorney Can Help You

Facing charges related to unlawful, unsolicited commercial e-mail advertisements can be nerve-wracking and difficult to understand. Luckily, a lawyer can provide experienced counsel throughout the defense process and fight the charges that have been brought against you. Here’s what an attorney can do to help:

Explain the charges clearly so you understand what you’re facing and what’s at stake.
Review all email messages and other forms of evidence to build a strong defense.
Advise you on what to say and what not to say to law enforcement and other involved parties.
Communicate with investigators and prosecutors on your behalf to protect your rights.
Develop a compelling, evidence-backed legal strategy.
Help you gather documents, records, or witness statements that could support your case.
Prepare you for court by explaining what to expect and how to present yourself.
Negotiate with the prosecution to seek reduced charges.
Keep you informed about all deadlines, hearings, and procedures so nothing falls through the cracks.
Provide steady guidance and support throughout the legal process to help you move forward with confidence.
Answer any questions you have about charges related to deceptive email marketing and unsolicited commercial email advertisements.

Defenses for Unsolicited Email Accusations

One of the most important things an attorney can do for you when you’re facing California Business and Professions Code Section 17529.5: Unsolicited Email charges is to build a strong legal defense on your behalf.

Depending on the details of your case, an attorney could use several different defenses, including, but not limited to, the following:

All the Information in Your Email Was Legitimate

Sending unsolicited emails is not always a criminal offense. If all the information in your email, including the subject line and header, is legitimate and not designed to mislead the recipient, you should not be convicted under BPC 17529.5.

You Didn’t Send the Email From California or to a California Email Address

BPC 17529.5 charges only apply if you send the email in California or to an electronic mail address in California. If your actions took place out of state, you shouldn’t be subjected to charges for unsolicited email.

Charges Similar to BPC 17529.5 Accusations

California utilizes a number of criminal charges to deal with the increase in spam emails that has occurred in recent years. Some common examples of charges used in the court system can include:

Note that acts of fraud that involve email communication can lead to charges of wire fraud. Wire fraud is often penalized very harshly. It can even lead to federal charges in California. Convictions can result in incredibly high fines and lengthy periods of incarceration.

Build a Defense for BPC 17529.5 Charges With a Legal Professional

You can get professional help dealing with California Business and Professions Code Section 17529.5: Unsolicited Email accusations by contacting Simmrin Law Group. Our Los Angeles defense lawyers have decades of experience with cases like yours. We can go over all of your legal options and help you choose the best way forward.

Contact us today to schedule a free consultation to learn more about the charges you’re facing and how an attorney can protect you from a serious conviction. We’ll provide you with the resources and information you need to make smart legal decisions.