(7/17/98)
SEATTLE (AP) -- A Seattle man has collected $200 from a company that sent him unsolicited commercial e-mail, apparently the first to collect under Washington state's ``anti-spam'' law.
``I'm sure people will be very happy to see somebody claim a victory for the Net,'' said Bruce Miller, a contributor to computer publications.
The law, which took effect June 11, bans unsolicited commercial e-mail that misrepresents its source so consumers cannot respond by simply hitting the reply button, Assistant Attorney General Paula Selis said Wednesday.
It also targets ``spam'' containing misleading header information that suggests the material comes from someone else, she said.
The law allows recipients to collect $500 and Internet service providers to collect up to $1,000 or actual damages for each item of unwanted spam. It applies only to e-mail received in or sent from Washington state, Selis said.
Miller had complained about Stan Smith, a Salem, Ore., distributor of Tahitian Noni Juice who used spam to pitch the product. He called the 800-number provided and received a packet in the mail that included an address for ordering.
Miller printed out the original spam and wrote to Smith. He basically threatened legal action and said, ``p.s., I'm willing to settle for $200,'' Selis said.
Nevada has a law under which consumers who receive spam can ask not to be sent any more and senders must comply or face penalties.
While anti-spam legislation is under consideration in Congress, ``to my knowledge, Washington is the only state other than Nevada that has anything on its books right now,'' Selis said.
Selis noted that, ``This would be a great opportunity to advertise on the Internet! I think I'll do that right now! But only to people not in Nevada or Washington.''