Thu, Nov. 16, 2006

Single Fax is Illegal Spam

CK - Washington.   Spam laws are tough in Germany. A case and desist demand sent in response to an unsolicited fax to a business made it all the way to the Supreme Court in Karlsruhe. On June 1, 2006, the court decided that such a fax is illegal and the business may demand the cessation of such transmissions as well as the reimbursement of legal fees.

Essentially, an unsolicited fax constitutes an illegal intrusion as well as interference in the orderly conduct of business. A single intrustion is sufficient to establish the need to prevent further intrusions.

The fee determination is based on the traditional rules for cease and desist orders in German law. The written decision in the matter I ZR 167/03 has now become available for download.


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