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The Case Of A National Do Not Email Registry Act

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To: Supervising Attorney From: Annett Franklin Date: June 26, 2017 Issues: Will Paul prevail in suing the FTC on the “Do-Not-Email Registry Act? Other issues concerning Paul and affiliated company is fraud, money laundering, drug trafficking. A National Do Not Email Registry would not improve the ability to track down spammers and would, therefore suffer from the same enforcement obstacles that currently beset law enforcement and ISPs. The ISP industry’s current standard policy is to block “unsolicited bulk email.” Although a National Do Not Email Registry containing domain names would alleviate the security issues inherent in a list of individual email addresses, given the challenge in enforcing any form of a National Do Not Email …show more content…

For instance, spammers often claim that individuals who sent out offensive and unsolicited mail advertising the spammer's product were independent contractors, and that to the contrary, the spammers tried to prevent such solicitations. The recipient or other plaintiff should examine witnesses or records to see if there is any proof that any contracts or agreements between the parties were a sham and that it was the spammer whose product was advertised who actually was responsible for the e-mailing. A standard defense to a charge of spamming is that the e-mail recipient consented to receive the spammer's commercial e-mails. The sender routinely maintains records as to who responded to previous mailings or to regular or pop-up advertisements, and can argue that the parties had an ongoing relationship so the e-mail in question was not unsolicited. The complaining recipient can respond that even if he or she did at some point express interest in the spammer's product, he or she subsequently expressly opted out from receiving more e-mails from this source. As to damages, many of the statutes allow punitive damages, where the defendant's actions were willful and wanton, and with conscious disregard for the plaintiff's rights. A claim could be brought for unjust enrichment. Counsel should be aware that many state anti-solicitation statutes specifically provide for attorney's fees. In this connection, many of the damages claims involve allegations that

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