Judge Dismisses First Case Under Utah's Anti-Spam Law

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Ruling that a Utah man had given permission to receive third-party e-mails, a Utah district court judge dismissed a lawsuit last week in the first case filed under the state's 10-month-old Unsolicited E-Mail Act.

Terry Gillman filed the suit last July, charging that he received unsolicited e-mail from Sprint Communications, according to reports. Third District Judge Denise Lindberg ruled that Gillman had agreed to receive third-party promotional messages through his signing onto the Audio Galaxy Web site, which sold e-mail addresses to other parties, including Sprint.

Gillman received the Sprint e-mail two days after requesting on May 14, 2002, that he be removed from Audio Galaxy e-mail lists. Lindberg ruled that his attempt to remove himself from the lists was insufficient to void the pre-existing business relationship.

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