Things You'll Need:
- An e-mail address
- A small claims court
- Determination
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Step 1
Use a server located in California so you are subject to California spam laws. Gmail is a great e-mail host, you can also have google host your company e-mail by using google apps.
If you live in California, then you can have your server located wherever. -
Step 2
When you receive spam, file suit against the spammer for violating California Business and Professions Code 17529.5. You can get more info about this subject at www.danhatespam.com.
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Step 3
Each spam that is sent to you is subject to a $1000 fine. Make sure that you understand that each e-mail that is sent is subject to the fine. In California if you receive 8 emails, you can sue for the small claims max of $7500. Each state has a different small claims limit.
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Step 4
Don't feel sorry for the spammers. They violated the law by spamming you, and they know what they are doing is wrong. Feel good knowing that these spammers will pay your bills. If they were serious about marketing, they could invest in some stamps and send you a mailer.
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Step 5
Make sure you sue only a company that is big enough to collect, and a US based company. Suing a Nigerian spammer or Russian spammer won't work as your judgement will be worthless and you won't be able to serve them.
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Step 6
When you are content with your damages, file suit in your local small claims court.
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Step 7
Have the spammer served.
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Step 8
Go to danhatesspam.com and print out any documents needed to prove your case to the judge.
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Step 9
Collect your judgement.
Comments
voliegurl said
on 12/26/2008 Time to serve the papers back!
01Grandy said
on 12/23/2008 That is brilliant!!! Thanks!
miasavc said
on 12/22/2008 Great article! Thank you for letting me know we can sue them for sending there junk!*****