Email Expert Witness

Email Marketing Expert Witness & CAN-SPAM Compliance Consulting

Explaining Email Marketing, Cold Outreach, and Spam Compliance in Plain English

Email remains one of the most powerful — and most litigated — tools in digital marketing.
As an Email Marketing Expert Witness, Dan Stratford provides clear, factual, and defensible analysis of email advertising practices, spam compliance, deceptive messaging, and due-care procedures.

With over 20 years of experience designing, auditing, and managing national-scale email programs, Dan helps courts and counsel understand how email campaigns should be lawfully created, distributed, and monitored — and what happens when organizations fail to follow the rules.

Clarifying the Laws and the Logic Behind Email Marketing

Modern email marketing involves more than just “sending a message.” It requires compliance with multiple legal frameworks — from the CAN-SPAM Act (15 U.S.C. § 7701) and FTC deceptive-advertising standards to state privacy and “cold-email” laws.

Dan bridges the technical and legal worlds, explaining:

• How automated email systems, CRMs, and list-management platforms function
• What constitutes opt-in, consent, and unsubscribe compliance
• How marketers track opens, clicks, and conversions — and where that data can mislead
• The difference between commercial emails, transactional messages, and cold-outreach campaigns
• He helps courts determine whether an organization exercised reasonable due care in preventing spam, misrepresentation, and consumer deception.

Areas of Expert Testimony

1. CAN-SPAM, FTC, and Email Compliance

• Analysis of sender identity, “from” lines, and subject-line accuracy
• Verification of unsubscribe mechanisms and opt-out processing timelines
• Evaluation of header manipulation, tracking pixels, and misleading routing
• Assessment of record-keeping, consent documentation, and campaign audits

2. Cold Email, Prospecting, and B2B Marketing

• Review of outreach automation tools (HubSpot, Mailchimp, ActiveCampaign, Apollo, etc.)
• Determination of whether “cold emails” qualify as commercial solicitations
• Analysis of sales-enablement sequences, lead-gen scripts, and personalization claims
• Evaluation of due-care procedures for large-scale B2B email operations

3. Spam, Phishing, and Deceptive Practices

• Investigation of spam trap hits, blocklists, and IP reputation data
• Identification of deceptive click-through links or masked URLs
• Technical reconstruction of sending patterns and message authentication failures
• Clarification of SPF, DKIM, DMARC, and domain-reputation mechanisms

4. Advertising, Offers, and Misrepresentation

• Review of promotional content for misleading pricing, false urgency, or bait-and-switch tactics
• Analysis of affiliate or partner emails sent under a brand’s name
• Examination of compliance with FTC guides for endorsements and testimonials
• Determination of whether disclosure and disclaimer language met industry standards

5. Platform, Policy, and Due Care

• Explanation of how ESPs (Email Service Providers) like Gmail, Outlook, and Yahoo filter or block messages
• Clarification of sender reputation systems and machine-learning spam classifiers
• Definition of industry “best practices” and reasonable marketer behavior
• Expert opinion on whether the sender demonstrated due care or negligence in campaign oversight
• Expert Credentials
• 20+ years managing compliant B2C and B2B email marketing campaigns
• Experienced with CAN-SPAM, FTC Act § 5, CASL, and global anti-spam regulations
• Deep technical knowledge of email deliverability, authentication, and CRM systems
• Hands-on experience with automation, segmentation, and A/B testing workflows
• Proven ability to translate technical email data into plain-language testimony
• Served as expert in cases involving digital deception, due care, and compliance failures

Common Case Types

• CAN-SPAM Act violations and deceptive subject-line claims
• Cold-email and unsolicited-contact disputes
• Affiliate and third-party marketing liability
• False or misleading advertising transmitted via email
• Negligence and failure to exercise due care in campaign governance
• Fraudulent unsubscribe or suppression-list handling
• Email authentication and spoofing forensics
• Deliverables & Services
• Expert Reports and Declarations
• Deposition and Trial Testimony
• Email-System Forensic Analysis
• Campaign Compliance Audits
• Policy and Process Due-Care Evaluation
• Documentation Review and Sender-Practice Reconstruction

Approach

• Dan’s process combines technical investigation with clear, persuasive communication:
• Examine the Data: Analyze headers, logs, opt-out records, and message metadata.
• Evaluate Compliance: Measure actions against CAN-SPAM and industry standards.
• Explain Clearly: Present findings in plain English for judges, attorneys, and juries.
• His work delivers clarity, credibility, and confidence in cases where email marketing practices are under legal scrutiny.
• Contact for Email Marketing Expert Witness Engagements

If your case involves spam complaints, deceptive emails, CAN-SPAM compliance, or cold-email litigation, contact:
📧 dan@stratexdigitalmarketing.com

📞 720-985-7945