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Possible Class Action Suit Against Adobe for Spam?

By sales ·
Hello,

I use several of Adobe's programs, and am very happy with their products. However, recently I was in a position where I was forced to download the newest version of Dreameaver (Adobe took this over from Macromedia). So... I downloaded a 30 day trial of the program, and ever since making the download I have been receiving NO LESS than 30 spam emails per DAY from people offering to sell me the program.

Typically I am extremely cautious using my email address as I know how bad spam is these days, but I never expected something like this from a company like Adobe. And, to make matters worse, I sent a letter to their main office and an email to their webmaster, both of which have went unanswered.

Is anyone else having problems? Does anyone know of a possible class action being filed against them? I don't see that this could possibly be a coincidence, and this spam is way out of control.

Thanks so much,
Jeanne

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It's not spam

by NickNielsen In reply to Possible Class Action Sui ...

Granted, it's unsolicited commercial email, but your download of the Dreamweaver trial constitutes establishment of a business relationship. Since such a relationship exists, any emails received from Adobe are considered part of that relationship and explicitly excluded from any and all legal definitions of spam.

If the emails are not from Adobe, then you might have a case, but not against Adobe.

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Much like the so-called "no-call" lists...

by boxfiddler Moderator In reply to It's not spam

one can subscribe to in order to stop being pestered by telemarketers. Any organization with which one has "an established business relationship", whether it be credit card companies, charities, the excluded law enforcement and political parties and candidates. One has no recourse against the above when they call and pester one to death due to the "established business relationship", or the exclusionary nature of the caller.

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"no call" lists are not that great even

by Neon Samurai In reply to Much like the so-called " ...

Last time I checked, a company only had to keep you on the no call list for 12 months. When you make the request, they set a reminder for 12 months later and start calling you again until you re-request no calls. I'm not sure how the government run no call list works though.

(almost had a contract writing a fax-spam system before email spam really exploded; glad I declined that bit of work)

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We are on both the federal no-call...

by boxfiddler Moderator In reply to "no call" lists are not t ...

and our state's no-call lists. Getting on both of them has virtually completely rid our phone lines of those annoying telemarketer calls. But any charity we have given to seemingly since we were born, any business we have ever requested bids from, various other companies with whom we do regular business, law enforcement, and political s**ts... er people and organizations are explicitly allowed to call us. I haven't renewed us in 3 years, and as far as I can tell we are good for life. I signed up for both online and added our cell #'s. Sweet relief. :)

edit typo

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too bad they don't have one for email

by sales In reply to We are on both the federa ...

I wish they had a 'do not email list'. I am on the 'do not call list' too, and it's wonderful! I really didn't think it would work but it did. Seems that it said our number would stay on the list indefinitely unless we removed it. I have a 'junk email' account that I use for just that, but the problem that I posted about came in under the radar, on my real email - so I can't just change it.

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good to hear that the gov lists are far better than the company lists

by Neon Samurai In reply to too bad they don't have o ...
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thank you

by sales In reply to Much like the so-called " ...
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Here in lies the problem-

by sales In reply to It's not spam

None of the emails are from Adobe. I did expect to receive emails from them to purchase the product. These emails are from all different places/domains offering for me to buy the product at cut throat prices. Some as low as $89. Someone from there sold my name, and it had to come from there - logically. I downloaded Flash 8 & Dreamweaver 8. Within a couple of days I started getting bombared with emails on purchasing the full version of these programs. It makes sense that they're connected, as all the emails specifically reference purchasing these two programs. Maybe it's one of their employees selling names. I can't see Adobe selling names of customers that might come back and purchase the full versions.

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Why is everyone's reaction to any offense to sue?

by CharlieSpencer In reply to Possible Class Action Sui ...

In the fine print of the EULA for the trial version, you entered into a business agreement with Adobe. Part of that agreement is the use of your e-mail address for advertising purposes. You have no grounds for a lawsuit. If you'd read the EULA or consulted a lawyer first instead of trying to drum up a class action suit, you'd already know you're wasting your time.

This is a lousy choice of topic for your first post here. It looks like you're not interested in being a member of this community, only in looking for co-litigants.

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I completely disagree with you

by sales In reply to Why is everyone's reactio ...

With all of your history of posts -? No where in my agreement does it state that I am agreeing to have thousands of other people/companies send me spam to buy the same product that Adobe is offering me the trial program for, which they're offering the trial so I will come back and buy from them. Hello out there? They want me to buy it from them - not discount, illegal copies. My first option to sue is because against a big company like this it's the only way to make them pay any attention - they've ignored all of my other contacts, and now my email addy is being passed around like a frisbie and I am being bombarded with spam. And for the record, I've never sued anyone - thank you. Please pass judgement on someone else and stick to the topic. I posted this question here because this is a tech related forum where I thought I might find people that are familiar with how these things happen and get advice on how to handle it.

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