-Caveat Lector-
Date: Thu, 19 Apr 2001 12:14:49 -0700
Fyi - from Siliconvalley.com. This shows that the market is working. A
contract was broken, and the company was forced to pay. It's a small
violation, so it's a small award. But the principle that a privacy
contract must be honored was upheld in the consumer's favor.
-Sonia
Opt-out user mercilessly encouraged to opt in: A number of
you wrote in Wednesday to comment on Slashdot's discussion
of what appears to be the first successful application of
California's anti-spam laws. The plaintiff in the case,
Ellen Spertus, filed suit against Kozmo.com in California
small claims court after receiving an e-mail that
Kozmo.com broadcast specifically to those who had opted
OUT of receiving such announcements. Ironically, the text
of the offending e-mail encouraged those who received it
to visit the Kozmo.com site and opt-in to its subscriber
contact list. An asinine marketing effort to be sure, and
one with which Spertus took issue in a number of
complaints sent to the venture. In a formal response her
messages, a Kozmo.com representative -- while explaining
that the e-mail in question was "in no way intended to be
obnoxious" -- took great pains to confirm that the
now-defunct company had "knowingly sent out to all
customers who elected not to opt in during sign-up."
Little did he know that his conciliatory message would be
a key document in Spertus' suit against the company, which
was resolved in her favor Wednesday. Spertus, who was
awarded $50 in damages and $27.50 in court costs,
aparently declined to accept Kozmo.com's offer of "ten
Kozmo dollars" for her troubles.
http://slashdot.org/article.pl?sid=01/04/18/1251219&mode=thread
http://www.suespammers.org/ca/lawindex.shtml
http://www.spertus.com/ellen/Kozmo/kozmo1.html
http://www.spertus.com/ellen/Kozmo/kozmo2.html
http://www.spertus.com/ellen/Kozmo/judgment.gif
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