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January 27, 2006

Maryland Anti-Spam Law Snares New York Marketer

A Maryland Appellate Court has ruled that Maryland's Anti-Spam law applies to out of state spammers.  A lower court had ruled that the law was unconstitutional because it sought to regulate commerce over state lines.  The appellate judge rejected the appeal of New York marketer Joseph M. Frevola that he shouldn't be liable under the law as he would have no idea if his messages would be opened in Maryland.  The Appeals judge said "This allegation has little more validity than one who contends he is not guilty of homicide when he shoots a rifle into a crowd of people without picking a specific target, and someone dies." Ouch.

In an ironic turn of phrase, Frevola's attorney said that this ruling opens the door to people making a living by extracting damages from email marketers.  Frevola has since gone out of business, so there is some question as to whether this ruling will be further appealed.

The AP story via the Houston Chronicle is here.  The opinion in the case MaryCLE, LLC v. First Choice Internet is here.

January 27, 2006 | Permalink


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