Utah's Anti-Spam Law In Action
phondew writes: "Everyone's favorite telco is getting a much deserved lawsuit for their evil ways. The twist is that Sprint had hired a third party to do their dirty work, which is in turn claiming that it only sent to people who opted-in. Of course. AdLaw has the story here, and more information on Utah's Unsolicited Commercial and Sexually Explicit Email Act can be found here ."
Straight from the Link : ... but when I'm king maybee
The lawsuit, filed as a class action under the name of plaintiff Terry Gillman of Murray, Utah, alleges that Sprint sent him and other Utah residents unsolicited commercial e-mail that did not include "ADV:" in the subject line.
This is not going to stop anyone from sending spam... they will just change the subject line untill it complies.... now if every stat had diffrent/uncompatible subject line requirments we could make it so complicated that they would never be able to satisfy the requirments from every state. Then they would either be constantly attacked by lawsuits or forced to stop sending emails, but I doubt I could get 50 states to agree to this big idea of mine just to stop spam
That a judge would consider require a plaintiff to provide a hard drive in such a case is suprising. Especially in the a couple of spam cases that I am familiar with, the judge refused to compel discovery of the email list because to produce that would invade the privacy of the spam victims.
Fight Spammers!