Spam mail generally refers to unsolicited commercial emails. Spam emails are sometimes called "junk mail", or "bulk mail." Examples include money making opportunities, health and diet scams, or work-at-home schemes. Although spam emails are usually commercial in nature, they can extend to private use, such as "chain letters." In some instances, unsolicited commercial faxes, print mail, newspapers, and telephone calls can be considered spam mail, and treated similarly.
Even though spam email liability is a new area in the law, there are already several recognized causes of action. Some of them include:
The most common cause of action against a sender of spam email is actually breach of contract with their Internet service provider (ISP).
Most of the time sending spam emails will lead to liability, but there are times when other actions can create liability too. They include:
In order to find a sender of spam email liable for breach of contract to their ISP, several elements have to be met. These include:
Generally speaking, a successful lawsuit against the sender of spam emails can lead to the recovery of any of the following:
The most obvious person who can be liable for spam emails is obviously the sender. In certain instances, liability can be extended in other directions. Potential defendants can include:
If you think the sender of spam email is liable to you, or you are being sued for sending spam email, it is highly recommended that you contact an attorney. They will be able explain the issues and help to protect your rights.
Last Modified: 10-27-2011 04:02 PM PDTLaw Library Disclaimer
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