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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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I have an email business (founded nearly 5 years ago) that adheres to all of the requireme

Customer Question

I have an email business (founded nearly 5 years ago) that adheres to all of the requirements of the federal CAN SPAM Act. I recently received a letter from a real estate attorney in South Dakota who claims I sent him an email that violates SD law. He said that, if I paid him a couple thousand dollars, he wouldn't sue me for it. (Of course, the federal law specifically states that no state law can be more strict than it; so, even if I did violate some outdated law in SD, it isn't relevant. How stupid of him to think that I would own a business that does this without first ensuring that my business is performing a legal function.)

Anyways, the attorney waited a few weeks and then sent me some additional documents that look very official but haven't been stamped by any court and contain no case number. The letters weren't even certified. Should I take this seriously at all? Is there any recourse for me with respect to this attorney (who is clearly trying to use his position as
Submitted: 6 years ago.
Category: Business Law
Expert:  MShore Law replied 6 years ago.
Thank you for the post, I am happy to assist you by answering your questions. no you should not take the documents seriously unless and until you receive a document with a case number assigned by the court clerk where the complaint was filed. With respect to your recourse, if the attorney continues to contact you, you should send him a cease and desist letter indicating that future communications directed at exacting payment from you will be construed as harassment and you file suit against. Please let me know if you have any follow up questions.