FC: Canning spam through contracts instead of federal regulations

[Declan McCullagh <declan@well.com>]

********

From: Sonia Arrison <sarrison@pacificresearch.org>
To: "'declan@well.com'" <declan@well.com>
Subject: Canning spam through contracts
Date: Thu, 19 Apr 2001 12:14:49 -0700

Fyi - from Siliconvalley.com.  This shows that the market is working.  A
contract was broken, and the company was forced to pay.  It's a small 
violation, so it's a small award.  But the principle that a privacy 
contract must be honored was upheld in the consumer's favor.

-Sonia

Opt-out user mercilessly encouraged to opt in: A number of
  you wrote in Wednesday to comment on Slashdot's discussion
  of what appears to be the first successful application of
  California's anti-spam laws. The plaintiff in the case,
  Ellen Spertus, filed suit against Kozmo.com in California
  small claims court after receiving an e-mail that
  Kozmo.com broadcast specifically to those who had opted
  OUT of receiving such announcements. Ironically, the text
  of the offending e-mail encouraged those who received it
  to visit the Kozmo.com site and opt-in to its subscriber
  contact list. An asinine marketing effort to be sure, and
  one with which Spertus took issue in a number of
  complaints sent to the venture. In a formal response her
  messages, a Kozmo.com representative -- while explaining
  that the e-mail in question was "in no way intended to be
  obnoxious" -- took great pains to confirm that the
  now-defunct company had "knowingly sent out to all
  customers who elected not to opt in during sign-up."
  Little did he know that his conciliatory message would be
  a key document in Spertus' suit against the company, which
  was resolved in her favor Wednesday. Spertus, who was
  awarded $50 in damages and $27.50 in court costs,
  aparently declined to accept Kozmo.com's offer of "ten
  Kozmo dollars" for her troubles.
    http://slashdot.org/article.pl?sid=01/04/18/1251219&mode=thread
    http://www.suespammers.org/ca/lawindex.shtml
    http://www.spertus.com/ellen/Kozmo/kozmo1.html
    http://www.spertus.com/ellen/Kozmo/kozmo2.html
    http://www.spertus.com/ellen/Kozmo/judgment.gif




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