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Inconvenience invoice for received emails

Posted on 2009-03-28
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Last Modified: 2013-12-09
Are there any laws to protect me here? Basically, like everyone else, I have been receiving numerous emails from automated spammers. But, what if an acutal person enters their information on my web site contact form for me to contact them about their services. Their argument is the fact that they were just sending an introduction of their company along with what they can offer. Is this considered spam?

I read that some companies send an inconvenience invoice in which they invoice them for disruption and inconvenience that they may have caused.

If I outline on my website that they will be charged $15 for inconvenience or disruptions from emails that I consider spam. What enforces that payment to be paid? Is there a law that enforces this for me? Or, what if the person does not pay, what can I do? Can I report them somewhere?

TIA
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Question by:TechInNeedmm
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Jason C. Levine earned 2000 total points
ID: 24016563
>> But, what if an acutal person enters their information on my web site contact form for me to contact them about
>> their services. Their argument is the fact that they were just sending an introduction of their company along with
>> what they can offer. Is this considered spam?

Spam is (mostly) defined as unsolicited commercial email.  By having a contact form, you are "soliciting" a response so while it is spam in the general sense you are not protected by any law that I know of*

>> I read that some companies send an inconvenience invoice in which they invoice them for disruption and
>> inconvenience that they may have caused.

Yes, some do.

>> What enforces that payment to be paid?

Nothing.  It is unenforceable and you will waste much more time sending these out and dealing with any fallout than just blacklisting the sender and moving on with your life.  However, if you can target and prove that one individual is constantly doing this and you have documented the steps you have taken to stop them, you would have a legitimate harassment or trespassing complaint and that IS enforceable assuming the offender is in a place where those laws apply.

Again, if this is just random spam because someone is earning a penny per form they complete and bypassing your CAPTCHA, just delete it and move on.



* I'm based in the US and my knowledge of spam law begins and ends with CAN-SPAM

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Author Closing Comment

by:TechInNeedmm
ID: 31563957
Thanks for the feedback. After doing much research, I was unable to find any material to support the enforcement of an inconvenience invoice.

Thanks again.
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