Guy Suing Spammers Under CAN-SPAM Told To Pay Legal Fees Of The Company He Sued
from the ouch dept
When Congress first passed the CAN SPAM law, they were very clear that it wasn’t to be used by the everyday citizen to sue spammers. Instead, it was only for ISPs or the government. Of course, a group of anti-spam fighters quickly came up with loopholes, whereby they basically pretended to be an ISP for the sake of suing spammers. Back in May, we noted that one of the guys using this trick lost his case, as the judge pointed out that he clearly wasn’t an ISP and was simply abusing CAN SPAM. Thus, it shouldn’t come as much of a surprise that the same guy has now been ordered to pay $110k for the legal fees of the company he sued. The judge also blasts the guy for bringing frivolous lawsuits, noting that he basically set up an entire business whose only purpose is to bring lawsuits against those he accuses of spam. This ruling is likely to put something of a damper on these types of lawsuits. Many people may point out that it’s unfortunate that guys like this can’t sue spammers any more, but if you want to blame someone, it should be Congress for the wording of the CAN SPAM law (which was more intended to clarify what type of spam was legal, than to outlaw spam).