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GILLMAN v. SPRINT COMMUNICATIONS CO., L.P.

No. 20030349-CA.

91 P.3d 858 (2004)

2004 UT App 143

Terry GILLMAN, on behalf of himself and all others similarly situated, Plaintiff and Appellant, v. SPRINT COMMUNICATIONS COMPANY, L.P.; and John Does 1-10, whose true names are unknown, Defendants and Appellees.

Court of Appeals of Utah.

May 6, 2004.

Attorney(s) appearing for the Case

Denver C. Snuffer Jr., Nelson, Snuffer, Dahle & Poulsen, Sandy, and Jesse L. Riddle, Riddle & Associates, PC, Draper, for Appellant.

Robert S. Clark, Paul C. Drecksel, and Justin P. Matkin, Parr, Waddoups, Brown, Gee & Loveless, Salt Lake City, for Appellees.

Before Judges BILLINGS, DAVIS, and ORME.

OPINION

BILLINGS, Presiding Judge:

¶ 1 Terry Gillman appeals the trial court's order granting summary judgment to Sprint Communications Company, L.P. (Sprint) and dismissing Gillman's claims brought under the Unsolicited Commercial and Sexually Explicit Email Act (the Act). See Utah Code Ann. §§ 13-36-101 to -105 (2002). We affirm.

BACKGROUND

¶ 2 On April 14, 2002, Gillman agreed to receive promotional email from...

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