Tired of deleting unwanted email? Join the fight against SPAM, or UCE
(Unsolicited Commercial Email) by suing to enforce the law. Here's the four step
Step One: Determine the law in your
Go Here to find out if your state regulates unsolicited commercial email. If your state does not have a law regarding UCE, then you need to write to your legislator and lobby for one. If your state does have a law protecting you, and you have received UCE in violation of the law, then go on to Step Two.
Step Two: Preserve the Evidence
First, expose the headers in the email. You can do this in most email clients by choosing "Headers" under the "View" menu list.
Print the email showing all headers. It will look something like the example
Step Three: Identify the spammer
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. Let me know if you need help tracking down the spammers or advertisers.
Learn whether the headers have been forged by reading these web pages and discussions:
Steps for Evidence Collection
Tracking the Spammers
Step Four: File a lawsuit
Depending on several factors, including your jurisdiction and the number of spams you've received; you may want to file a small claims case, an individual action, or a class action lawsuit.
If you choose to file in small claims court, you may not have an attorney represent you at trial. However, you may still be able to benefit from the expertise of an attorney to help you prepare your case. Click Here to learn more.
Get information on filing small claims cases in California from the California courts web site and LawGuru.
Here are some useful documents for filing small claims actions in California:
Information for Plaintiff about Small Claims Actions(PDF)
Plaintiff's Claim and Order to Defendant(PDF)
Proof of Service of Plaintiff's Claim and Order(PDF)
How to Serve a Business(PDF)
If you are interested in having an attorney represent you in California Superior Court regarding a spam dispute,
please contact Timothy J. Walton.
|9515 Soquel Dr.
Aptos, CA 95003
Vox: (831) 685-9800
Fax: (650) 618-8687
2011 Timothy J. Walton