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 © 2026 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

Segpay Partners With Corey Silverstein for Legal Services

Segpay has partnered with adult industry attorney Corey D. Silverstein for specialized legal compliance and policy support for its merchant network.

AEBN Reveals Kasey Kei as Top Trans Star for Q2 of 2026

AEBN has named its top trans stars for the second quarter of 2026, with Kasey Kei landing atop the leaderboard.

Missouri Governor Signs Bill Making AV Regulations State Law

Missouri Governor Mike Kehoe signed a bill into law on Thursday requiring adult websites to age-verify users in the state, finalizing a legislative “stamp of approval” for AV rules after Missouri’s attorney general unilaterally imposed similar regulations last year.

Utherverse Launches 'Adult Game Fest' Virtual Convention

Virtual reality and metaverse technology company Utherverse is launching its inaugural Adult Game Fest convention and trade show, taking place Sept. 24-26.

Ofcom Fines Fapello $845,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 630,000 pounds (about $845,000) against adult website fapello.com for failing to comply with provisions of the Online Safety Act.

KiwiSourcing Joins Pineapple Support as Sponsor

Outsourcing and consulting firm KiwiSourcing has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

AdultHTML Introduces AI-First Development Services

AdultHTML has introduced an AI-first development service, giving clients access to experienced software developers who use AI to streamline software development.

Texas Court Orders Adult Site Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Adult Web Hosting Service 'QloudHost' Launches

QloudHost, a new web hosting service for adult websites, has launched.

Peter Hooke Launches New Paysite

Peter Hooke has launched an official website through PAYSITE.

Show More