united-states internet privacy email
Could anyone sue spammers?
<p>After reading <a href="http://www.washingtontimes.com/news/2010/dec/26/lawyer-focuses-career-on-suing-senders-of-spam/?page=all" rel="nofollow">this article</a> about the lawyer who sued companies solely because they sent him spam, I was wondering if anyone could follow his steps and do the same thing, and how one would do so. </p>

<p>(I am not sure that one <em>should</em> do it, but whether or not anyone could do it would really interest me).</p>

<p><a href="http://www.danhatesspam.com/" rel="nofollow">The lawyer referred to in that article</a> is suing in his capacity as the recipient of spam emails under California's anti-spam law.</p>

<p>Not every jurisdiction has a law like this. I'm from Australia. In Australia, when we make laws prohibiting something, the law usually appoints a government agency to administer the law and bring prosecutions under it, and fines are paid to the government. In contrast, America has a lot of these laws where affected individuals can sue and collect the fines personally.</p>

<p>So under the Californian law, you can get $1,000 per email for particular kinds of spam even if you haven't actually suffered any real damage: California Business and Professions Code s 17529.5(b)(1)(B)(ii).</p>

<p>How? You need to work out who sent the spam, get evidence to prove it, and file a claim in a Californian court. Apparently you can sue in small claims court, which saves you on filing fees.</p>

<p>It helps if you have many email accounts, because then you will receive many emails and therefore can collect many fines.</p>

<p>One of that lawyer's wins was in <a href="http://law.justia.com/cases/california/court-of-appeal/2012/a128485.html" rel="nofollow">Balsam v Trancos (2012)</a> in the Californian Court of Appeal.</p>

<p>Another example of a judgment discussing the Californian anti-spam law is <a href="https://www.krinternetlaw.com/internet-law-cases/Order_Granting_Showmark_Mtn_to_Dismiss-DATED_6-20-14.pdf" rel="nofollow">Bontrager v Showmark Media</a>. </p>
