We returned from our Christmas visit to the Keystone State to a huge stack of mail and, more importantly, a few boxes. (Incidentally, you know you’ve become a law student when you ask for books on legal writing by Bryan Garner). Of the 25 or so Christmas cards was one from a legal recruiting firm. I can’t even remember the name of it now and am cursing myself for having thrown the card away. But it came complete with writing on the inside that looks like handwriting. You know the kind - it’s in blue and looks like it could be someone’s quick note to say “hi” or “thanks” or “merry christmas.”
In the guise of holiday wishes, Mr. Legal Recruiter says he hopes that my holiday is blessed and happy. I nearly thought “that’s nice” before I realized two things: (a) the writing is just a fancy font and (b) someone sold my address to this d-bag.
Sadly I suspect that whoever sold my name to him - Lexis, West, ABA, my lender, etc, etc, etc - probably did so legally based on the fine print of some user agreement I signed without thinking twice - something my contracts professor might call “non-dickered terms.” I’ll tell you one thing though… if I could sue ‘em for harassment, I’d be happy to call it my very first lawsuit.
Huh? What’s that? Have I finally cracked? Only you can tell…. and if you tell anyone, I’d be happy to call you my very first lawsuit…
Problem is, in the fine print, you probably agreed to have your information sold. The question then becomes, does your ignorance of a term in a contract provide the basis for relief?