Q&A

Can you sue for unwanted emails?

Can you sue for unwanted emails?

The CAN-SPAM Act does not give consumers who have received spam email standing to file a private lawsuit for damages. Instead, private citizens must rely on the Federal Trade Commission (“FTC”) or state attorneys general to sue on their behalf to recover damages, impose civil penalties, or impose injunctions.

Can your emails be subpoenaed?

Although there are some exceptions to the rule—such as a subpoena issued by a law enforcement agency—every court that has addressed the issue has held that web-based e-mail providers cannot disclose electronic communications in response to civil subpoenas.

What to do when a company won’t stop emailing you?

Start by marking the sender as spam, and blocking the email address. If the company is known to you, still do not assume that email is from the company, but go online and find the company directly, and contact them about removing your email from their list. Forward to them the last email you got.

Can a small claims case be served by certified mail?

In Small Claims cases, it’s also possible to serve the Summons and Complaint by certified or registered mail. But only the Circuit Clerk’s office can send it, and the person getting sued must sign for it.

What should you do if someone sends you a threatening email?

Any email threatening you or your family’s well being is an illegal act. IF the threatening email or harassing email is anonymous in nature AND you have reason to believe there is reason for threats to be made against you (court testimony, jury duty, you witnessed a crime, you dumped an ex-boyfriend), then take the actions mentioned above.

Can a person get served with a lawsuit if they don’t sign?

But only the Circuit Clerk’s office can send it, and the person getting sued must sign for it. If you don’t sign for it—or the mailman overlooks the “restricted delivery” requirement and lets somebody else sign for it— you haven’t been properly served.

What should I do if I receive a letter threatening legal action?

You’ve received a letter or email threatening legal action. Now what? First, do not panic. Don’t immediately comply with the letter, get angry and write a fiery response, or destroy the letter in the hope that the issue will go away. You have many decisions to make on how to respond, and a cool head will serve you well.

Can a email be used in a lawsuit?

Emails can be used against an employer in a lawsuit in the same way as any correspondence. In recent court cases, Most importantly, the employer should clearly state its intention and reserve the right to monitor employee emails .

Can a law firm ask you to hold on to emails?

By issuing a ‘litigation hold’, a law firm can ask you to ensure you hold on to certain emails that may come-up in a lawsuit they’re considering filing.

How are e-mails used in a court of law?

An e-mail often has attached to it the email or series of emails to which it is responding, creating an email “chain,” also known as a “string” or “thread.” Some courts have found that each email in a chain is a separate communication, subject to separate authentication and admissibility requirements.

What to do in case of a lawsuit?

Lawsuits rarely come as a total surprise, so when you experience something that makes you think a lawsuit may result, move the items into a litigation hold, or an area on your server that is specifically designed to maintain emails and documents that could come-up in court.