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Can a private person in Florida sue a spammer on their own?

Fort Lauderdale, FL |
Filed under: Consumer protection

I'm getting upwards of 20-30 unsolicited emails per day from the same spammers, and have for the last several months. I've found one of the potential spammers, an out of state company. Under Florida's anti-spam laws can I personally sue the company or do I have to hire a lawyer?

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Attorney answers 1

Posted

Although Florida has an anti-spam law, that law limits who has standing to sue. The state (through the attorney general) has authority to enforce the law. Beyond that, the statute creates a private right of action only for certain types of plaintiffs. Specifically, it appears that only service providers who are burdened by the spam can sue--- not private individuals who merely receive the spam. So, based on the facts as you present them, it does not appear that you could sue under the Florida anti-spam law.

Outside of the specific anti-spam statute, it is conceivable that you could come up with some other cause of action. Some plaintiffs have tried to fight spam by making a claim for common law trespass. This would be tough.

You can always proceed pro se, meaning you can represent yourself.

My response to this question is a response to a hypothetical situation based on limited facts. I am not your attorney; you are not my client and we do not have an attorney-client relationship. If you need a lawyer, you should contact one in your area. If you would like to talk with me about your case, you can call my office.

Asker

Posted

thank you

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