Step One: Determine the law in your
jurisdiction
Go to http://www.spamlaws.com/ 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
here.
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. Learn whether the headers have been forged by reading
these web pages and discussions:
Reading Email
Headers
Spamtrack
news.admin.net-abuse.email
SPAM-L Mailing List
Step Four: File a lawsuit
Depending on your
jurisdiction, you may want to file a small claims case or a class action. get
information on filing small claims cases in California from the California courts
web site and LawGuru.
Here are some documents necessary 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)
Notice of Judgment(PDF)
If you are interested in having an attorney represent you in a spam matter, contact Timothy J. Walton of Walton & Roess LLP.
This page last updated November 4, 2005