The e-mail that prompted the legal action offered a free digital
camera for users who signed up for Sprint services. It did not have
the indication “ADV” in the subject line and did not contain the
company’s full name and mailing address, as required by Utah’s new
law regarding spam. It also did not offer “a convenient, no-cost”
way for customers to unsubscribe themselves from the mailing
list.
The company was actually sued by Utah resident Terry Gillman.
However, the suit is a class action. This means that any Utah
resident or business who received the same message from Sprint on,
or after, 7th May 2002 can be part of the class.
The Utah anti-spam statute obliges non-complying companies to
pay up to $10 per day per each unsolicited e-mail received by the
plaintiff and class members, or $25,000, as long as the violation
continues.
Sprint, which refused to comment on the case, filed a motion to
have Gillman turn over his hard drive as part of the discovery
process. The district court judge, however, has ordered both sides
not to interfere with any electronic records that could be used as
evidence in the class action.
