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 © 2024 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

2024 XBIZ Miami Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, the adult industry's biggest summer conference, set to take place May 13-16.

California Labor Division Rules in Nicole Doshi's Favor in Motley Contract Dispute

The Division of Labor Standards Enforcement of the California Department of Industrial Relations ruled on Monday in favor of Nicole Doshi in her contract dispute with defunct talent agency Motley Models and its former owner Dave Rock.

Video: FSC's Alison Boden Testifies Before California Assembly Committee Regarding Age Verification

Free Speech Coalition Executive Director Alison Boden testified before the California Assembly on Tuesday, in opposition to the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Princess Mindy Is LoyalFans' 'Featured Creator' for May

LoyalFans has named Princess Mindy as its Featured Creator for May.

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt has signed into law Oklahoma’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Woodhull Freedom Foundation Debuts 'Fact Checked by Woodhull' Program

The Woodhull Freedom Foundation has launched its new "Fact Checked by Woodhull" program, which uses peer-reviewed research, compiled and analyzed by professional researchers, to debunk myths weaponized to justify the repression of sex, sexuality and gender expression.

Supreme Court Denies Stay of Texas' Age Verification Law

The U.S. Supreme Court has denied a request by Free Speech Coalition (FSC) and other plaintiffs to stay Texas’ controversial age verification law while the court decides on a petition that would effectively overturn it on constitutional grounds.

QueerCrush Relaunches Through YourPaysitePartner

QueerCrush.com has relaunched through YourPaysitePartner (YPP).

High Society Models Joins Pineapple Support as Sponsor

Talent agency High Society Models has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

LoyalFans Announces Banksie Collaboration With I-15 Billboard

LoyalFans has announced its new collaboration with content creator Banksie (formerly Lindsey Banks) with a billboard on I-15, between L.A. and Las Vegas.

Show More