Is it illegal to use private WHOIS for commercial email in California?
Summary
What email marketers say7Marketer opinions
Email marketer from Reddit responds that using private WHOIS isn't inherently illegal for email marketing but highlights the importance of complying with other regulations like providing an unsubscribe option and a physical address.
Email marketer from Quora answers that it is not illegal if you use privacy protection on a domain name. You just need to ensure you have an actual postal address within the email itself.
Email marketer from EmailMarketingTips.com explains that although not strictly illegal, using private WHOIS can signal untrustworthiness to ISPs and spam filters, potentially harming deliverability rates.
Email marketer from StackExchange shares that under US CAN-SPAM law, having a private WHOIS is not illegal in itself. However, the email must still have a valid physical postal address for the sender.
Email marketer from Reddit notes that while private WHOIS isn't explicitly illegal, it can negatively impact email deliverability and sender reputation, potentially leading to emails being flagged as spam.
Email marketer from Email Geeks Forum explains that in general private WHOIS is fine but if combined with sending practices that are less than reputable can make a case that it is being used to avoid detection.
Email marketer from MarketingOverCoffee explains that having a private WHOIS won't necessarily land you in jail but it may hurt your deliverability and cause you to be blocked more often.
What the experts say5Expert opinions
Expert from Email Geeks shares a link to Guthy-Renker: <https://uk.practicallaw.thomsonreuters.com/1-586-9645|https://uk.practicallaw.thomsonreuters.com/1-586-9645>
Expert from Email Geeks responds to a <http://Perplexity.AI|Perplexity.AI> citation by saying that’s dribbling bullshit and that AI generated lies is just a waste of screen space.
Expert from Spam Resource explains that while not strictly illegal, using private WHOIS can harm your email deliverability and sender reputation.
Expert from Word to the Wise shares that there are generally no legal risks associated with private domain registration, but your sending reputation could be impacted.
Expert from Email Geeks shares he's pretty sure the CA anti-spam law doesn’t prohibit falsified whois data, let alone anonymous / proxied.
What the documentation says5Technical articles
Documentation from Venable explains that California Business and Professions Code Section 17529 prohibits commercial email advertisements from using proxy or private domain name registration services if the sender either (1) knows that the proxy/private registration information is false or materially misleading; or (2) has registered the domain name with proxy/private registration services to prevent identifying the actual email sender.
Documentation from the FTC emphasizes the importance of not using deceptive subject lines and valid reply-to addresses but doesn't specifically discuss private WHOIS legality. Focuses on transparency and honesty in email marketing practices.
Documentation from Thomson Reuters Practical Law summarizes Guthy-Renker LLC v. Kylie M, stating that the court addressed whether a sender violates California Business and Professions Code Section 17529.5 by using a domain name in commercial email where the WHOIS information is false or misleading. The court held that Section 17529.5 requires that the sender knows the information is false or misleading.
Documentation from SocketLabs shares that WHOIS information can be used to verify domain ownership. Using private registration can obscure ownership details, which may be viewed negatively by recipients and ISPs.
Documentation from Mailjet shares that under CAN-SPAM laws having privacy protection is not illegal but you must provide a physical address as well as an opt-out link.