“Gevalia provides a perfect example of the deep flaws federal CAN-SPAM Act,” Wagner said. “CAN-SPAM put the onus on the public to do what you should never do–attempt to ‘opt-out’ of spam. We submitted a brand new, never used email address to Gevalia’s opt-out link as a test. Sure enough, that email address, given only to Gevalia, started getting daily spam for all kinds of products and services.”

“If submitting email addresses to Kraft’s Gevalia is demonstrably a bad idea, imagine the peril in submitting addresses directly to the spammers they hire,” (attorney for Hypertouch John L.)Fallat added. “The aptly named CAN-SPAM Act should be rewritten so that it supports strong anti-spam laws like California’s instead of deliberately weakening them.”