For years I have argued vehemently against anti-spam laws giving individuals the right to sue companies.
But I am beginning to rethink my position.
Why? Because the two most important spam-related lawsuits brought by individuals so far have resulted in major victories for marketers.
Individual-right-of-action provisions in anti spam laws are generally bad news because they inevitably lead to people launching litigation mills. They search for companies in hyper-technical violation of the law and sue them hoping to settle.
And indeed, the companies mostly settle because going to court would be too expensive.
Moreover, even when the law doesn