Law.com reports that NY spammer liable under Maryland spam law, even though he didn't "know" messages were being opened in Maryland. The special appeals court in MaryCLE v. First Choice Internet reversed the lower court, finding that personal jurisdiction was appropriate in the case. The opinions analyzed Maryland's Commercial Electronic Mail Act (MCEMA) Md. Code § 14-3001. (LexisNexis online version of Maryland Code, Commercial Laws).
MaryCLE (pronounced Miracle) is a consumer protection group formed by a George Washington U law student in 2003, after the Maryland General Assembly
passed the MCEMA in 2002. First Choice received e-mail addresses from individuals who, allegedly, had "opted in" to receive mail from "WOW Offers", and then sent out messages to those individuals. MaryCLE sued after receiving more than 60 messages, and replying to many of them asking to be removed from further mailings.
Tuesday, January 31, 2006
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