Vendor Liability for Advertising in Unsolicited Commercial E-Mail


Anne P. Mitchell


VOL. XXII • Fall 2003 • NO. 1 (table of contents)

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This article discusses whether vendors should be held liable for spam. Vendors are those companies whose products or services are being peddled in spam advertising. Yet, vendors disclaim responsibility for the issuance of spam because they were not the ones who actually sent the spam in the first place. This article takes the stance that because vendors contribute and or benefit from the wrongful acts of the actual spammers, vendors should not be able to escape liability by blaming the primary actors, the spammers. Further, if vendors were to be held liable for spam, they would be an easier entity to pinpoint to bring suit against as opposed to the actual spammers who are very mobile and difficult to locate.

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