Legal Question in Business Law in Georgia

Re: Can I be sued in any way?

Yes, you do need to be careful that the "gifts" are not so intimidating to amount to the intentional affliction of emotional harm, or to joining in the making of "terroristic threats". You need to do your homework and make sure your gag gifts aren't traditional organized crime warnings, etc. (Dead fish and black roses, for example, you really need to stay away from.) Include in each "gift" a written disclaimer statement that says something to the effect that your service is intended for fun only, that your company has no intention to further any threats the sender may be trying to suggest, and that your customers are screened, must provide identification and sign a verification that their sending it is not intended to harass, intimidate or otherwise promote any unlawful purpose. Have your customers sign such a statement. Don't send it if you think they are really lying and just trying to scare the hell out of somebody maliciously. Don't send anything on behalf of an anonymous sender. Make sure they identify themselves, preferably with ID, and disclose the identity to the recipient. And make sure your gag gifts aren't inherently overly frightening.

You are taking a bit of a risk here, but it sounds a novel idea that will amuse those with good humor, but you must be careful. If you would like assistance preparing such notices, disclaimers, etc., I would be glad to help you for a small fee. You can e-mail me at [email protected].

Good luck.