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March 30, 2007

Want to sue over spam?

In 1998, our legislators in Olympia passed a statute to address increasing consumer complaints about commercial email.

Amended slightly one year later, the law prohibits commercial email from being sent to Washington residents that, among other things, misrepresents or obscures information identifying the email's “point of origin” or “transmission path.” The recipient of such email can sue the sender for $500 or his actual damages, whichever is greater. But as Benson v. Or. Processing Serv. illustrates, a lawsuit brought under this statute is certainly no slam-dunk.


 
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