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LSDefine

Simple English definitions for legal terms

I am a lawyer who has a client complaining about spam email. What should I be worried about?

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A quick definition of I am a lawyer who has a client complaining about spam email. What should I be worried about?:

As a lawyer with a client complaining about spam email, the first thing to worry about is whether your client has the legal right to bring a claim under the CAN-SPAM Act. This means showing that they are an "internet access service" provider and have suffered specific harm from spamming activities. This can be difficult to prove, and you will need to show evidence of time and money spent dealing with spam beyond routine costs. You will also need to establish personal jurisdiction, which means showing that the defendant(s) had significant contacts with the forum. Other potential issues include proving that your client did not consent to receiving emails from the defendant(s) and deciding on the types of remedies to pursue.

A more thorough explanation:

If you are a lawyer with a client who is complaining about spam emails, the first thing to worry about is whether your client has standing to bring claims under the CAN-SPAM Act. To have standing, your client must demonstrate that they are an "internet access service" provider and have suffered specific harm from spamming activities. This can be difficult to prove, and the standards are very high.

  • Your client is a small business that provides email services to its customers. They have been receiving a lot of spam emails, which has caused them to spend a lot of time and resources dealing with the issue. However, they may not have standing to bring a claim under the CAN-SPAM Act because they do not offer enough services beyond email to be considered an "internet access service" provider.
  • Your client is an internet service provider that has been experiencing a lot of spam emails that are causing their servers to crash. They have evidence that the spam emails are coming from a specific source, and they have spent a lot of time and money trying to block the emails. They may have standing to bring a claim under the CAN-SPAM Act because they can demonstrate specific harm from the spamming activities.

The examples illustrate the difficulty in establishing standing under the CAN-SPAM Act. The first example shows that simply providing email services may not be enough to qualify as an "internet access service" provider. The second example shows that specific harm must be demonstrated, such as server crashes, and that evidence must be provided to show that the spam emails are coming from a specific source.

Other potential issues to consider include personal jurisdiction, consent to receiving emails, and the types of remedies to be pursued.

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15:14
If u have the top range at my stats, there's only like 9 ppl who made it into T14s
yeah but it's also including people below your stats
15:15
Yeah, really my issue is deciding whether to R&R or to just take UF law
also if you reduce the top end of lsat to 170, you have a 33% chance at NYU+columbia, 67% at NU, 33 at mich, 40% berk, 40% UCLA, 100% Cornell, and 50% gulc
realistically you would make it into at least one
15:16
I'm still waiting on a bunch of T14 so hopefully those stats are a good indicator
15:16
idk wait it out - if good offer take if no good offer R&R
i dont think you need to R&R im pretty sure you make it into at least one t14
but if you apply earlier its just a lot easier
15:17
thats odd I didn't see those stats, but ok. We talked abt this awhile back and I'm working on Columbia + Berkeley rn then Cornell, probs is I'm not gonna produce good Why X's before the 25th but whatever
https://www.lsd.law/search/cV9E6 this is artificially deflated because it's only below your stats
someone got into harvard and chicago with your stats
15:19
Why is that deflating it? isnt that a better indicator instead of choosing above median LSATs? Genuinely curious just wondering
when stats are close because of the variability you want a little above your stats and a little below to get more data, adcoms arent so finnicky that 2 points on the lsat is make or break unless it puts you above median, and even then 50% are below median so it's not as big of an impact as you might think. the reason the chanceme tool goes a little above and below your stats by default is to capture a more accurate picture
ie your softs/WE/essays might make you more or less competitive than any random applicant and the best way to account for that is to take a little above and a little below
15:21
got it, I was of the mindset that medians are pretty concrete so taking a +2 LSAT score range was just giving me irrelevant data. Thank you
15:21
Def my softs/essays are the strongest part of my application so hoping they shine through
they kind of are but you see with the data here is doesnt really change your chances going from 172 to 170
yeah youll be in a good place for this cycle
15:22
yeah I guess thats true, I've also been looking at "Included" not "Only" for URM so maybe that's a diff too
15:22
Appreciate it man!
yeah included is giving you data for nURM which isnt relevant for your cycle
and ofc, good luck :)
15:24
Holiday messages from law schools should be illegal
jackfrost11770
15:27
the cornell one actually gave me a heart attack no joke
15:28
@KnowledgeableRitzyWasp: Thanks! Will def update you as they come out hahaha
CynicalOops
16:09
No one cares about me the way western new england cares about me
shaquilleoatmeal
17:16
gulc sending me a "Thank you for your continuing patience" almost has me shitting myself like the dude who hiked Acatanengo volcano
18:09
i’m wishing you guys happy holidays in a more sincere and genuine and heartfelt way than any of the law schools and also giving u a little kiss on the cheek
18:10
just btw
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