In the past, it helped to send spammers a response telling them to delete you from their list. However, things have changed. If you reply to spam in any manner - even to a 'remove' email address - it will indicate that a real live person exists at your email address. This will make your email address more valuable to be sold to other spammers. Therefore, never respond to spam!
The following response could be sent to anyone who sends you junk e-mail, but again it is not currently recommended. Change the subject of your response to: "Legal Notice Regarding Junk E-mail/Spam". You might also want to reword the first sentence to specify your exact e-mail address. Also send a copy of your reply to: postmaster@(their address)
Be sure to include the complete original spam including all header information. Simply copy the original spam and its header information after the legal notice. Also remove any residual CCs and BCCs in your e-mail header - you don't want to inadvertantly propogate the spam! Back to main Junk Mail page
Legal Notice Regarding Junk E-mail/Spam -- -- -- -- -- -- -- Unsolicited and/or commercial email is not permitted at this address; immediately remove the address from which this email was sent from any mailing lists you may be using. Your address has been recorded automatically and any future mailings to this account will result in your being billed for message transmission and storage services at a flat rate of $100.00 per message received. Your receipt of this email communication constitutes legal notice and acceptance of this policy. This is the only notice you will receive. Bills left unpaid after 30 days will be forwarded to your service provider and assessed a 50% late fee. After 60 days unpaid bills will be referred to applicable credit reporting and collection agencies. A second unsolicited email to this account will also result in action against you under the terms of applicable U.S. law, including Title 47, Sec.227(b)(1)(C) of the U.S. Code, as follows: US Code Title 47, Sec.227(b)(1)(C): "It shall be unlawful for any person within the United States to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine" A "telephone facsimile machine" is defined in Sec.227(a)(2)(B) as: "equipment which has the capacity to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper." Under this definition, an e-mail account, modem, computer and printer together constitute a fax machine. The rights of action are as follows. Under Sec.227(b)(3)(B): "A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State -- (A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation, (B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or (C) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph." -- -- -- -- -- -- spam/junk e-mail follows -- -- -- -- -- --
Copyright 1995-2004 Fred Elbel. This material may be freely used and distributed only for non-commercial purposes, with credit. Nothing in this web site should be construed as legal advice. This web site is provided for information purposes only. Opinions presented are those of the author (or of other contributors as indicated). Trademarks and copyrighted items remain the property of the owner.