On Saturday, May 13, 2006, 8:46:46 AM, Rob McEwen wrote: RMPS> Add all this up and I'm quite sure that they had to be RMPS> violating that law in Georgia.
I may have missed something - what would be violative of CAN-SPAM and/or Georgia law here? I'm a bit familiar with the GA law because, as having litigated several cases under CAN-SPAM and Oklahoma law, I was asked to review and comment on a draft of the GA law, and I don't see where you have indicated any violations. RMPS> But suppose I **could** prove that they were in violation of RMPS> that law in Georgia, would there be ANY financial motivation RMPS> or reward for me to sue them... (assuming that I won in RMPS> court)? Look at the law. What kind of statutory damages are you entitled to per violation and/or per day? How many violations/days do you have? Are attorney's fees recoverable? (I don't remember the details as to available damages, etc. - I was more concerned with other things in the draft legislation, and in any event never carfully reviewed the GA law as passed). RMPS> If not, I simply don't have the financial resources to put my RMPS> company and myself through such an ordeal. I would go out of RMPS> business for lack of focus on the things that I need to RMPS> concentrate on. It's an unfortunate reality that litigation - even if it's pretty clear cut and oyu're dealing with a slimebag violator who really needs to be stopped - can be costly and include risks. I recently pursued a case against a major spammer in federal court and won. I have a $10 million judgment, (which, along with a dollar, might get me a cup of coffee). I did get the court to issue an injunction, which was what made it worthwhile. However, not everybody is in a position to expend the time and resources to do something like this on principle. If you have a good case, good statutory damages, and a defendant that's a going concern or otherwise has assets, seek out an attorney or law firm willing to take the case on a contingency basis. -- Best regards, Robert Braver [EMAIL PROTECTED]
