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When Legal Spam Isn't Spam

By Stanley P. Jaskiewicz
November 26, 2007

Did you recently receive an e-mail demanding that you 'Visit our Web site for an important change in your account terms' (as was stated in a recent message not long ago from a cell-phone service provider)?

Certainly that doesn't seem like the typical spyware or spam message that urges you to 'Click here' for money or prizes, does it? An 'important change in account terms' just doesn't have the sex appeal of a lottery prize, a vacation, a starlet in some stage of undress, or any of the many e-mail come-ons that clutter everyone's Inboxes today. In fact, it isn't even a user-friendly solicitation ' there is no long link of numbers and letters to click on to see the notice; instead, the recipient must independently locate the Web site address. Once on the site, he or she must find the 'terms and conditions' announcement to read and ' if he or she gets that far ' understand it. All this is unlike the typical virus or Trojan horse, when all it takes is a single unwary click to launch a nefarious program.

Yet these demands for consumer 'extra effort' from Web merchants or service providers could become very common after a mid-2007 federal court ruling ' Douglas v. Talk America, Inc., No. 06-75424 (Ninth Cir., July 18, 2007). In that case, a federal appeals court considered what it labeled an 'issue ' of some significance, (which) potentially affects the relationship of numerous service providers with millions of customers: ' whether to enforce a modified contract with a customer where the customer claims that the only notice of the changed terms consisted of posting the revised contract on the provider's Web site.'

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