Can I sue a company for not unsubscribing me when I request to be unsubscribed from a mailing list?

Question

There is a well-known .com with whom I inadvertently signed up for weekly mailings. I have since attempted to unsubscribe, but their email unsubscribe link does not work. I emailed their technical support team, describing the problem and requesting that they manually unsubscribe me. They emailed me back saying they did, but they actually didn't, as I continue to receive emails from them.

Can I sue this company? And would it be worth my time? (I guess being worth my time would mean winning more than $4,000.)

Thanks

Answer 1

It's not worth it, they have not done anything to put you or your loved ones at a health risk, they are just simply overstuffing your email account with unwanted ads.... it would be like trying to sue the post office because of unwanted junkmail... the case would never fly.

Answer 2

Well, if it would be to make a point not a profit. Get a lawyer to take a little creativity. If you told a person / company to stop emailing you. Wouldn't it be the same as telling someone to stop entering your property. Trespassing is a crime the last time I looked.



This would be a Kansas statute - you would have to talk to a lawyer to see if they thought you had a chance.



Chapter 21 Part II Article 32 describes crimanal trespassing as:



(1) Entering or remaining upon or in any land, nonnavigable body of water, structure, vehicle, aircraft or watercraft other than railroad property as defined in K.S.A. 2004 Supp. 21-3761 and amendments thereto by a person who knows such person is not authorized or privileged to do so, and:



(A) Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person;



Just my take on it .. i'm not an attorney though .. and can't give legal advise. I think that it might make the company take a second look at unsubscribing you. LOL.



Or i might be totally out of my mind. LOL

Answer 3

Often you have to enter a code such that the 'system' knows you are not spam! When unsubscribing, just be careful. If the email is from a genuine company it's ok, but if the email is spam rubbish (you can generally tell from the email address it was sent from), then all you are doing is telling the spam source that you are a genuine email address and the email spam could get worse! Lana

Answer 4

What I would do is just to block incoming e-mails from this company. You could probabyl sue them but it's not worth the time. Once that you block the address it will bounce back to their server and then they will remove you. YOu may want to try calling the company and resolving it that way. But just do the block incoming e-mails from that address.

Answer 5

Yes you can, as I have done this. First check your state laws for small claims for spamming, If your state has spamming laws and the amount you can claim. Also Check your county laws as this type of suite is by State and county laws. Be sure to document all correspondence and have copies as well, as the court will need them. I sued and won $5,000.00 against an internet company that would not stop the spam emails.

Answer 6

No, you couldn't.... and two if you did their company lawyers would chew you up and spit you out. Then you would have lost all of that time and energy for nothing. And another thing... when are we going to stop initiating law suits for petty things that we can just resolve ourselves? That mentality needs to change, because it's hurting "everyone" even you, because the consumers end up paying.

Answer 7

Anyone can sue for just about anything these days. Can you prove you were "damaged" in some way by receiving these e-mails?