Computer Hacking Forensic Investigator (CHFI v10) — Question 421

A large corporation hired an independent marketing firm to manage its email advertising campaign. Subsequently, it was found that the firm was sending commercial emails without including necessary information about how to stop receiving emails in the future. In addition, they failed to honor the opt-out requests of the recipients within 10 business days. Under the CAN-SPAM Act, which of the following is true?

Answer options

• A. Both the corporation and the marketing firm could be held legally responsible for the violation
• B. Only the corporation would be held legally responsible for the violation
• C. The marketing firm alone would be held legally responsible for the violation
• D. Neither the corporation nor the marketing firm would be held legally responsible for the violation

Correct answer: A

Explanation

Under the CAN-SPAM Act, both the corporation and the marketing firm can be held liable for violations since the corporation is responsible for the actions of its contractors. The corporation cannot absolve itself of responsibility by outsourcing marketing tasks, while the marketing firm also shares liability for failing to comply with the law. Therefore, options B, C, and D are incorrect as they do not recognize the shared legal responsibility.