[Alupis]

> Papa John's didn't violate CAN-SPAM

Ya, they sent text messages, so they skirted that issue, but the CAN-SPAM Act fines are very real - and the point I was making is that Papa Johns essentially had to pay out through the nose for sending unsolicited messages.

> And there has never been a case (that I've seen, and I follow this stuff pretty closely because I really dislike receiving newsletters, personally) prosecuting anyone for sending a cold sales email.

People get fined all the time. Just because the likelihood of not being fined is pretty good, doesn't mean they aren't violating CAN-SPAM. Most people just mark the email as spam and move on - people have to report it to the FCC for them to get fined.