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They can wave off fines all day. Forbid them from sending marketing emails for 24 months. See if anyone keeps their job after that.

Now I think about it, this is a much better approach than a fine. Is there a downside to this?

The downside is that there's hardly any political will in the US to regulate businesses

Getting sued for "infringing upon their right to free speech," I'm sure.

No one is stopping them from mailing letters.