Legal Question in Technology Law in New York

Can I sue a company for SPAM?

I have recently been a victim of spam to a severe degree.Constant bombardment, unsubscribe just gets me more spam, from different domain names so it can't be filtered. This is now a crime right? I noticed big ISP's are filing law suites but what can I do to see that justice gets served?

Sincerely,

A


Asked on 10/16/05, 3:34 am

1 Answer from Attorneys
Lawrence Silverman Law Firm of Lawrence Silverman

Re: Can I sue a company for SPAM?

In general, the answer would be no, unless you are either a state attorney general or an ISP.

In December 2003, the federal CAN-SPAM Act(which is an acronym for Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003). The CAN-SPAM Act replaced most state-enacted

anti-spam laws; however, unlike many of the state anti-spam laws it replaced, the federal

CAN-SPAM act allows only state attorneys genral and ISPs to sue the company for spam, not private citizens such as yourself.

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Answered on 10/16/05, 8:49 pm


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