Answer:
D) preempts the application of state law to commercial e-mail with certain exceptions.
Explanation:
Always federal law will prevail over state law.
There are 36 states that have enacted laws that prohibiting or regulate spam use, but all of these laws must cover areas not included in the CAN-SPAM Act (the federal law). State laws can serve as complements to federal law, but never replace it.
From the information provided Sound Financial seems to be in compliance with the CAN_SPAM act while Instable Investments appears to by breaking the law.