Legal Question in Business Law in California
Violations of contract provisions
Our Settlement Agreement clearly stated that no further contact was allowed. In spite of this -- and my reporting each and every violation -- and following their opt-out directions -- the other party has sent me 27 email and mail solicitations. (They did once ask if I could just ignore them, as I wasn't the only one being spammed). Is this valid basis for voiding the agreement? Can I sue for damages? Can I file a complaint with the Attorney General under the anti-spam law and collect damages? (I believe the law says $1,000 per occurance up to $1,000,000).
2 Answers from Attorneys
Re: Violations of contract provisions
It depends what the other terms of the settlement agreement were, and whether the "no contact" clause was a material term.
In any case, you certainly have a breach of agreement action against the other side, and may bring all other legal actions to which you entitled. I know how annoying these things can be. Every day, I punch in my fax number to "opt out" of stuff that people send me. However, some still disregard it. I have to weigh, however, how best to utilize my limited legal resources. Good luck!
Re: Violations of contract provisions
You appear to be someone with some experience suing spammers, as you have managed to get at least one to settle a dispute with you. Therefore, I should not have to remind you of Rule Number One.
That said, I would be interested in learning more about the specific terms of your settlement agreement. You may have a valid cause of action for breach of contract, or just for violations of state law without regard for the contract. Do you want to talk with me on the telephone about this particular spammer? Please feel free to discuss spam litigation with me by calling (650) 566-8500 or by sending me email.
Timothy
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