Pop-Ups Do Not Equal Spam, Court Rules

SALT LAKE CITY — An attorney who drew criticism for filing over a thousand lawsuits against spammers and asking for $6,500 to settle was dealt a blow on Thursday when the Utah Court of Appeals decided that pop-up advertising are decidedly different than spam.

Jesse L. Riddle had brought a lawsuit under Utah’s Unsolicited Commercial and Sexually Explicit Email Act, charging that a pop-up ad for Celebrity Cruises Inc. that appeared as he was surfing the Los Angeles Times travel website was in violation of the act.

Agreeing with a lower court, Appellate judges Gregory K. Orme, Russell W. Bench and Norman H. Jackson ruled that, while specific wording of the act taken out of context may make the law apply to pop-ups, the act taken as a whole definitely did not.

Email, as defined in the act, is described as “an electronic message, file, data or other information that is transmitted [either] between two or more computers, computer networks or electronic terminal [or] within a computer network.”

“Admittedly, if we read this definition of email in isolation, as Riddle urges us to do, it appears to be broad enough to include pop-up ads,” wrote Orme. “A comprehensive reading of the act, however, reveals that the Legislature did not intend to regulate the use of pop-up ads under the terms of the act.”

The court ruled that the law is clear and unambiguous because it limits its regulation to email sent “through an intermediary of an email service provider” or “to an email address.”

Using the same language as Celebrity Cruises, the court described pop-ups as more like advertisements found in publications than junk mail.

“Just as a newspaper advertisement is transmitted along with and as part of part of the newspaper and received by the reader as a result of his or her decision to subscribe to the newspaper, the pop-up advertisement is transmitted along with and as part of the host website and received by the Internet user as a result of his or her decision to call up the host website,” the court ruled.

Riddle and law partner Denver Snuffer met with complaints after filing anti-spam complaints against dozens of companies and then offering to settle each suit for $6,500. According to press reports, Riddle has received approximately $80,000 in settlements so far.

The two law partners were also featured in a June 2003 Wall Street Journal article as an example of what can go wrong with state anti-spam laws.

Riddle was also forced to refund more than $67,000 obtained from West Virginia DirectTV customers in connection with a lawsuit brought by Charleston attorney Eric Wilson.

Wilson filed suit after he received a letter from Riddle requesting payment of a DirecTV bill and an additional $98 charge for “Attorney/Collection Cost.” The case eventually drew the attention of West Virginia Attorney General Darrell McGraw.

“Consumers should always be wary whenever a company seeks to collect more than the amount that is legitimately owed,” McGraw told the Associated Press.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay on Monday with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Colombian Court Sides with Performer Esperanza Goméz Over IG Suspensions

Colombia’s Constitutional Court last week ruled in favor of adult performer Esperanza Gómez in her legal battle against Meta over repeated suspensions of her Instagram account.

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

Brazilian Adult Industry Association ABIPEA Launches

Brazilian Association of the Adult Entertainment Industry and Professionals (ABIPEA) has officially launched its organization.

New Adult Social Media Platform 'Havven' Opens Beta Phase

Havven, a new adult social media platform, has opened its beta phase and will officially launch Oct. 5.

Show More