OK, enough is enough. Maybe there aren't that many laws specifically attacking Spam. But between all the porn and wasted time and personal hassles and port scanning etc done by spammers, they must be doing plenty to be sued in court. If any class action lawyers are reading this, how about a Class Action Lawsuit?

Let's identify the top spammers, we'll definitely get help from plenty of spamcop people. Then let's start the largest class action lawsuit in the history of lawsuits ever. You'll probably get just about every American to testify for you. Let's pick em off, one at a time and sue them. Anyone who wants part of the lawsuit, add your comment here and say AYE!

Comments:

Hey Gil, I have some worse spammers for you.

While the net spammers are annoying as 'ell, I have a stack of over 50 papers sitting next to my fax machine sent to me by fax spammers. AUGH. They're wasting MY paper and ink. You CAN press charges against the spammers. But there are a ton of hoops you have to jump through in order to do it. The premise is for every page of fax spam you receive, if you've sent a letter in writing to the company asking to be removed from their list, and called on the phone to request being removed also, you can claim $500 against them. For each page. I'm gonna be rich if I can track down all these jerks. I think they should make it mandatory that you shouldn't have to request to be taken off a list to be able to sue someone for fax spamming. If you never asked to be on a list in the first place, then you have the right to claim the $500 from the very first time they send you unsolicited spam wasting your own ink and paper. *sizzle* Can you tell I'm miffed about this particular subject? Oy.

~ Cass

You're absolutely right! I get 2-3 phone calls on my fax line AND regular phone line every night at 4-5 am in addition to some daytime phones every once in a while. I had to turn off the fax machine and only turn it on when I know a fax is coming. It's ridiculous. The bedroom no longer has sound on for the phone because of these jerks.

If you are truly interested in pursuing a lawsuit against the companies sending the faxes, you need to SAVE the faxes; save whatever evidence you have that you unsubscribed from the fax service, send copies to me for review and assuming you have a case and more than 20 actionable fax violations, I will pursue the action for you in exchange for one half of your recovery, plus costs of suit (usually just the filing fee and cost of service of process). I am an attorney in California that has been in practice for over sixteen years, now emphasizing consumer law including lawsuits against UCE (unsolicited commercial e-mail) violators and fax transmission violators.

If you have a lot of UCE'S and want to pursue an action againstt the companies (individuals) who have sent them to you that is possible as well. Most important to prepare for such is: (1) you printout the UCE, including the HEADERS; (2) you need to be sure and unsubscribe (3) you need to PRINTOUT the unsubscribe confirmation (4) continue to PRINTOUT any and all UCE's you get after you unsubscribe. Your recovery will depend
upon your residency state laws where the UCE's are being delivered. Some types of situations where a recovery is going to be a problem is, for example, if you live in California and your e-mail provider's equipment is located in Texas. The problem in such a scenario is that California statutory law (B & P section 17538.4) requires the equipment be located in California. So you would be out of luck in applying the statute, but if you have a TON of UCE's from the same source that causes you actual damage, then you may have an action for nuisance and tresspass to chattels, both of which would require actual damages, like harm to your computer, etc.

I have been toying with the idea of filing a class action for some time now, but am still in the process of looking into the ramifications and researching other similar cases and the result of the same.

Also, I have already been through the agonizing experience of tracking down and identifing dozens of UCE violators and I have compiled a list (including addresses and telephone numbers) of over one hundred of the major UCE violators, so getting to them is not so much a problem as other matters may end up being.

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