Frequently Asked Questions
- "I just want to ask a question. Do I have to pay?"
Not if it is a question about the law or my services.
If you are seeking legal advice, you will need to establish an attorney-client
relationship with my firm, Walton & Roess LLP.
- "Can you still represent me if I am not in California?"
Maybe. It depends. If your legal problem concerns federal
trademark law, or a fraudulent California company, then I may choose to take
your case. However, spam clients must be California residents. If you need
an attorney in your jurisdiction, take a look at
http://www.computercounsel.com/.
- "Why would I have to agree to a contract before sending you email?"
This is meant to deter people from sending unsolicited
commercial email to my addresses. If you want to communicate to me about the
law, then the contract doesn't affect you much. If there are spammers
willing to pay for my attention span, then I will give them their money's
worth.
- "What if my spider finds your email address?"
If it follows the instructions in the
robots.txt file, then it
won't find my addresses. If it ignores the robots.txt file, then I assert
that it is acting as your legal agent and binds you to the contract.
- "What if I'm ripped off on ebay?"
Litigation is expensive. Your best bet is to take the other side
through the ebay process and hope that the other side is a reputable merchant
wanting your future business. If you bought a car, house or similar item then
it may be worth the expense of litigation. If you wish to mediate the dispute,
you can do that through Square Trade.
- "Somebody is using my email address in spam."
You have suffered what they call a "joe job." This is unfortunately
very common. I myself have been a victim on more than one occasion. There are a
lot of issues of law here, particularly if you have registered trademarks with the
federal government.
It is not always economically feasible to sue for civil damages,
however. Hotmail lost tens of thousands of dollars paying people to
clean up the mess the spammer caused. Going to trial can cost $50,000.
And the defendants may not even have the money to satisfy the judgment.
I don't mean to be negative, but I want to impress upon you the
expense of bringing spam actions. If you are serious about litigation,
I would love to represent you. But I think you need to know what you
are getting yourself into.
You might note that the practice is also criminal in California. See
Cal.Pen.Code section 502.
http://caselaw.lp.findlaw.com/cacodes/pen/484-502.9.html
If you can get somebody at the district attorneys' office interested,
you might be able to get some action from local law enforcement.
- "How do I track down a spammer?"
I don't know. I can't do anything Sam Spade can't do, short
of buying the pitched product. Most spammers try to hide their identities
because they know that what they are doing is
wrong. Nonetheless, they want your money and need to provide at least enough
info to get it. Some people consider this "spam hunting" aspect to be the most
fun part of the process. Learn whether the headers have been forged by
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Copyright 2005 by Timothy
Walton