First Lawsuits Filed under Missouri's No-Spam Law
darksoulz writes "The St. Louis Business Journal is reporting that Jay Nixon, Missouri's attorney general, has filed the first lawsuits under the new no-spam law against two Florida spammers. The law doesn't totally prohibit spam, it just requires that the subject line be tagged to let consumers know that it is an advertisement. One of the lawsuit recipients even managed to spam an address maintained by the attorney general's office."
"1. You are the recipient of the spam and you are a resident of California.
2. The spam was delivered via servers located in California (sender's, recipient's or intermediary server will suffice).
3. There is some indication that the spammer is operating in California, such as a California telephone number or address for orders. If you can identify the spammer and have information from other sources showing that the spammer is in California, that will also work.
4. The spam fails to comply with the statutory restrictions. To comply, the unsolicited advertising emails' subject line must begin with "ADV:", the first text in the message must offer a toll-free number or functioning email address for removal of the recipient from further unsolicited emails, and that statement must be in a type size as large as most of the other text.
1,2 and 4 are pretty easy. Proving 3 can be a real PITA, and means if I really want to work this hard I have to do a lot of legwork. Granted, the end result may be worth it, but...
ref: http://caag.state.ca.us/spam/index.htm