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Deceptive Spam is Illegal in Georgia

Are you a consumer that has lost money as a result of unsolicited commercial email (“spam”) that was false or misleading?  If so, you may be entitled to financial compensation.  In Georgia, any person who suffers “personal, property, or economic damage” as a result of “deceptive commercial email” can recover damages of $1,000 per email up to a total of $2 million, plus litigation expenses, including attorneys’ fees.  See O.C.G.A. § 16-9-105.  Commercial email is ANY email message sent for the purpose of advertising or promoting the sale of ANY goods or services.  See O.C.G.A. § 16-9-100(2).  An email may be deceptive for many reasons, including any false information about:

  • the sender or recipients of the email;
  • the routing information of the email;
  • the subject line of the email;
  • third-party sponsors or affiliations in the content of the email; or
  • the recipient’s purported authorization to receive the email.

While no Georgia courts have applied these provisions, they are similar to those of the CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing) Act of 2003.  See 15 U.S.C. §§ 7704, 7701(b)(1).  Accordingly, there are many federal court decisions on this subject.

If you are a consumer that has lost money as a result of false and misleading spam, you may be entitled to substantial financial compensation.  Call William Daniel Davis with the litigation law firm of Ichter Davis LLC at 404-869-5261 for a free consultation about your legal rights and options.

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