The Maryland Court of Special Appeals has reversed a decision by a Montgomery County judge that declared Maryland's anti-spam law unconstitutional, clearing the way for residents to sue those who send illegal marketing e-mail even if the spammers live across state lines.
In a 59-page opinion filed today, Appeals Judge Sally D. Adkins ruled that Maryland courts have jurisdiction over out-of-state spammers who send certain false or misleading electronic messages to residents. She also determined that such jurisdiction does not violate the Commerce Clause of the U.S. Constitution, which limits state and local government authority over interstate proceedings, as the Montgomery County Circuit Court judge had asserted in late 2004.
The case has now been remanded back to the lower court for a determination on whether defendant Joseph M. Frevola, the former e-mail marketer and president of First Choice Internet Inc. of New York, violated the Maryland Commercial Electronic Mail Act. That's the contention of plaintiffs Neit Solutions, an Internet service provider based in Frederick, and recent law-school graduate Eric Menhart, who sued Frevola under the Maryland law for $168,750 in damages after receiving 83 supposed spams.
Frevola has said the lawsuit and fear of paying a hefty fine under Maryland law has put him out of business, which could mean he can't afford to appeal.
"This is a small, family owned business," said Andrew Dansicker, the Baltimore lawyer who represented Frevola.
According to a study released by the University of Maryland, 23 million hours are wasted deleting spam messages every week. That adds up to about $21.6 billion in waste when based on the average working wage.
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