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

Mymember.site Integrates VR Functionality

Mymember.site has added virtual reality playback capability to its website management platform.

Texas Patti to Launch Fetish Platform 'EmpireDom'

Performer and content creator Texas Patti is launching a new platform for doms and fetish creators, EmpireDom.com.

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Chaturbate Announces 2025 Music Contest Winners

Chaturbate has revealed the winners of its 2025 music competition.

2026 XBIZ Exec Awards Pre-Noms Open With Debut of New 'Impact' Honors

XBIZ is pleased to announce that the pre-nomination period for the 2026 XBIZ Exec Awards, the adult industry’s premier career honor, begins today and runs through Oct. 14.

MYM Rolls Out New Traffic Features for German Creators

German platform MYM has launched a new traffic system for its creators.

Ukrainian Content Creators on Hook for Nearly $10M in Back Taxes

Content creators in Ukraine owe the equivalent of $9.3 million in back taxes, according to the country's State Tax Service.

Updated: European Patent Office Board of Appeals Revokes EIS GmbH Patent

The European Patent Office (EPO) Board of Appeals last week ruled in favor of pleasure brand LELO in the company's ongoing dispute with Satisfyer parent company EIS GmbH.

Eroutique Relaunches Site Through YourPaysitePartner

Eroutique has relaunched its official website through YourPaysitePartner (YPP).

Update: Pornhub Will Not Block Ohio, Despite AV Law

Pornhub parent company Aylo will not block access to its websites in Ohio, despite new state age verification rules that came into effect Sept. 30.

Show More