Can I Stop Spam Email?

Can I Stop Spam Email?

While federal law prohibits junk faxes and robo-dialed calls to cell phones ($1,500 per fax/call), there is no federal law that allows you to sue for spam email.  There is a law, but that law allows the government to sue and does not provide a private cause of action for consumers.

However, there may be a way to stop spam email in Ohio if you are a consumer getting emails from a business trying to sell you something.  If you are a consumer (rather than a business getting business solicitations), the Ohio Consumer Sales Practices Act may provide some assistance.  That Ohio law has been used to enforce consumer rights under federal laws that do not directly allow a consumer to sue.  That “theory of extension” allows you to go to court in Ohio and seek both an injunction to prohibit the spam and damages including attorneys’ fees.

If you think you have a case, the first thing we recommend doing is emailing the spammer and asking to be removed from their email lists.  If there is an opt-out provision in the email, you may want to email that address asking to be removed, but be careful about clicking on links from unknown addresses to avoid unknowingly downloaded a virus.  Try this 3-4 times to bolster your case, and if the emails still haven’t stopped coming, contact our law firm for help in filing a lawsuit.  Another option is to contact your ISP to see if that can block that address.

 

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