AOL and harrassment

[KenM]

I was wondering, since a year ago, I called AOL and told the to stop sending me free trial CD's, and if they kept doing it, I would sue them for harassment. I have gotten like 5 cd's since then, latest one today. They are adressed to me, not resedent or anything like that. Do I have grounds to sue?

 

[Cthulhu's Librarian]

I was wondering, since a year ago, I called AOL and told the to stop sending me free trial CD's, and if they kept doing it, I would sue them for harassment. I have gotten like 5 cd's since then, latest one today. They are adressed to me, not resedent or anything like that. Do I have grounds to sue?

I doubt it. I'm no lawyer, but as far as I know you can't sue Kroger for sending you the weekly grocery flyer, you can't sue Sears for sending you the monthly sale flyer, and you can't sue LL Bean for sending you their catalog. You can call them and ask them to remove your name, but they usually don't do anything about it. It's junk mail, and annoying as it is, you can't do much about it. The post office is useless as well, since they make so much money from the companies for delivering it. You can try http://www.dmaconsumers.org/offmailinglist.html (probably your best bet) or
http://www.ecofuture.org/jnkmail.html
http://www.obviously.com/junkmail/

Also, you cold send them to these guys, they will have fun with the CDs.


http://www.nomoreaolcds.com/

 

[Greatwyrm]

The most creative solution I heard of was someone trying tell the Post Office he considered them obscene and therefore, didn't want to receive them. I don't think he ever got anywhere with it.

I guess you could start sending them back as Refused By Recipient. At least that way, they know they're paying for them and you don't want them. I'm not sure if the Post Office will do that for bulk-rate mail.

 

[Sir Whiskers]

I was wondering, since a year ago, I called AOL and told the to stop sending me free trial CD's, and if they kept doing it, I would sue them for harassment. I have gotten like 5 cd's since then, latest one today. They are adressed to me, not resedent or anything like that. Do I have grounds to sue?

I understand your frustration, but I'm disturbed by two aspects of your post.

1. AOL is engaging in legal, constitutional, free speech. In a democracy, we don't have to like what someone is saying (or how they say it), but we absolutely have to protect their right to speak. AOL is not scamming anyone. They're not selling pornography. They're not committing fraud. They're just too persistent with these mailings, which irritates many people. If it becomes so irritating that it affects their sales negatively, they'll cut back. Until then, we'll just have to put up with their junk mail.

2. From what I understand, to sue you have to suffer some form of harm. I find it difficult to believe that receiving cd's in the mail causes the recipient physical, psychological, or emotional harm. Let's leave the courts alone and solve this like adults - just keep throwing the things in the trash.

If you're just venting, I understand. If you're serious, all I can suggest is try to keep it in perspective - there are many worse things happening in the world we can get upset about. Compared to those things, IMHO, this is pretty minor.

 

[MythosaAkira]

1. AOL is engaging in legal, constitutional, free speech. In a democracy, we don't have to like what someone is saying (or how they say it), but we absolutely have to protect their right to speak. AOL is not scamming anyone. They're not selling pornography. They're not committing fraud. They're just too persistent with these mailings, which irritates many people. If it becomes so irritating that it affects their sales negatively, they'll cut back. Until then, we'll just have to put up with their junk mail.

I fail to see how someone wanting AOL to stop sending them mail is violating AOL's right to free speech. Not wanting someone to "force" their speech on you is not depriving them of the right to that speech.

 

[ergeheilalt]

I fail to see how someone wanting AOL to stop sending them mail is violating AOL's right to free speech. Not wanting someone to "force" their speech on you is not depriving them of the right to that speech.

He's got a point. If you don't like what's on TV - you can turn it off, if you don't like a newpaper - you can choose not to buy it, if you don't like an internet site - you can choose not to go there, if you don't like what someone is saying - you can choose not to listen. Now what AOL is doing is sending these things into your home. While telling them to cease and desist may be bad for their freedom of speech in the broadest terms, it protects our right to don't have to listen.

I think AOL is really pushing the limit of comerical freedom of speech - but obviously, ENworld isn't the best place for this discussion. Take it over to Nutkinland and I'll gladly pull out the big guns

Erge

 

[KenM]

Now what AOL is doing is sending these things into your home.

Thats my point, like I said in my first post, they are addressed to me, not just resident or something like that, so I feel that they are trying to cram something down my throt(SP?) that I don't want want, and I have told them to stop. They have not.

 

[TheAuldGrump]

He's got a point. If you don't like what's on TV - you can turn it off, if you don't like a newpaper - you can choose not to buy it, if you don't like an internet site - you can choose not to go there, if you don't like what someone is saying - you can choose not to listen. Now what AOL is doing is sending these things into your home. While telling them to cease and desist may be bad for their freedom of speech in the broadest terms, it protects our right to don't have to listen.

Erge

If you don't like what AOL is sending you you can throw it out.

And just to make it clear, yes you can send them back as refused, no you will not win a suit. And in some states (New York among others) the suit might well be deemed 'frivolous' and you would end up footing the bill for both yourself and AOL.

Mind, I am neither a user, nor a fan of AOL, but it really is just the same as any other junkmail, I personally am much more concerned with the vast amount of Spam that I recieve, and how obnoxious some of it is... I really do not want any portion of my anatomy enlarged, thank you, and please don't show me somebody else's either...

Personally I use AOL disks as bases for terrain. (Craters, small woods, wells, landing pods...) They are about as cheap as you can get, and I have no reason not to use them as such.

The Auld Grump, hmm they could also be used as bases for Gargantuan creaturs, no?

 

[KenM]

But I have told AOL repeatly that I don't want then to send me any info or CD's, they have not stopped. Like the "Do not call list" for telemarketers. When you tell someone to stop bothering you, and they keep doing it, thats harassment.

 

[Mystery Man]

But I have told AOL repeatly that I don't want then to send me any info or CD's, they have not stopped. Like the "Do not call list" for telemarketers. When you tell someone to stop bothering you, and they keep doing it, thats harassment.

Please stop posting in this thread. It bothers me.