LETTER: MAPS Ripe for Class-Action Suit

Share this article:
As much as I dislike unsolicited e-mails, I dislike Paul Vixie and other self-appointed censors of my e-mail box even more.


Under the First Amendment, not only does someone have the right to speak, even commercially, but I have the right to receive that communication unfettered by some third party's idea of what e-mail is good for me, and what is not. And, not only does Vixie claim the right to decide what hoops I should have to jump through to get onto an e-mail list, but Vixie claims the right to prevent me from getting any e-mail from an ISP or other server if any lists used by that service are not done according to his wishes.


In the real world, that would mean that if a mailing house uses a list that does not fit Vixie's criteria, he could prevent everyone from receiving mailings from that mailing house, even mail that people requested.


While the only two lawsuits against MAPS so far have come from mailers put on MAPS' blacklist, I am waiting for a class-action suit from consumers who have been denied access to information that they requested or would like to have received.


I suspect a court would have much less trouble finding a violation of e-mail recipients' rights than it has finding a violation of e-mail senders' rights.


Michael D. Scott, Esq.


Perkins Coie LLP


scotm@perkinscoie.com
Share this article:
You must be a registered member of Direct Marketing News to post a comment.

Sign up to our newsletters

Follow us on Twitter @dmnews

Latest Jobs:

More in News

Rakuten Marketing Moves to a Unified Platform

Rakuten Marketing Moves to a Unified Platform

Omni experience consolidates all channel offerings into a single platform and dashboard to provide better management of the customer funnel.

Hawk Search Widens its Global Reach

Hawk Search Widens its Global Reach

Hawk Search's solution offers support for more than twice as many languages as other site search providers, according to the company.

Candidates Offer Change In The Form of Targeting

Candidates Offer Change In The Form of Targeting

A campaign for Ben Carson raised $2.8 million despite his lack of cooperation.