Comment Loophole (Score 1) 794
This is mostly just a law to close a loophole. In current Colorado law, if the offending email doesn't follow certain rules ("ADV:" in the Subject, etc.), the recipient can take the spammer to Small Claims and win $10 -- if they can somehow collect it.
One possible legal defense for spammers is to claim that they didn't know the recipient was in Colorado. This would create a directory of emails so that the spammer should have reasonably known that the recipient was in Colorado and shouldn't be contacted.
Overall, though, I'd like to see the list be free, too. Spammers can easily avoid court if they opt to 'go renegade' and not check to make sure no Colorado or Missouri residents receive the email -- because the costs of losing are so much less than having to buy several lists of people not to email. If it were free, they might be more inclined to check.
One possible legal defense for spammers is to claim that they didn't know the recipient was in Colorado. This would create a directory of emails so that the spammer should have reasonably known that the recipient was in Colorado and shouldn't be contacted.
Overall, though, I'd like to see the list be free, too. Spammers can easily avoid court if they opt to 'go renegade' and not check to make sure no Colorado or Missouri residents receive the email -- because the costs of losing are so much less than having to buy several lists of people not to email. If it were free, they might be more inclined to check.
