Pop-Ups, While Annoying, are not Illegal says Court


Is there a person among us who actually likes pop-up ads? I mean, who isn’t an advertiser on the popping end?

No, I thought not.

Unfortunately, like loud cellphones, cigars at outdoor bistros, and over-application of cheap perfume, while they are annoying as all get-out, they are not illegal. That is the ruling of the Utah Court of Appeals in a case in which the plaintiff attempted to apply Utah’s anti-spam statute to pop-up ads.

 

At issue were the pop-up ads of Celebrity Cruise Lines, a cruise line which itself popped-up from Royal Carribean Cruises.

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While others have filed lawsuits over pop-up ads, this is thought to be the first attempt to apply an anti-spam statute to the less-than-popular form of advertising.

However the action was doomed to failure because, as the Court said, the anti-spam statute was “limited to e-mail sent to e-mail addresses and pop-ups are not sent to e-mail addresses, pop-up ads simply do not come within the act’s definition.”

 

On the bright side, the law under which the lawsuit was brought was actually repealed a few months ago by the state of Utah, so while they are drafting a new anti-spam law, perhaps they will take this ruling into account.

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5 Replies to “Pop-Ups, While Annoying, are not Illegal says Court”

  1. They should be illegal. In my opinion, they are an invasion of privacy!!!!
    I hate when I’m trying to read something and I get a pop up and I can’t see what the hell I’m trying to read. Very annoying!!!

  2. They are an irritating Distraction- that my business associates and everyone else says causes loss of production, time, focus, AND THESE DAYS- Time is important! So always bothered by something that 85% of the people hate- lets make it illegal invasion/attack of personal and business time. Internet- lets get more real “Class” again.

  3. Pop ups are counterproductive for everybody because it deters people from browsing, when they infect every page like a disease that should be avoided. Personally if I had the slightest suspicion that any product was associated to that particular pop up company I would look somewhere else; anywhere else even if I had to pay more it would be worth it for that satisfaction. Not only should they be illegal they should receive the DEATH PENALTY !!

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