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CONTEXT: A Homeowner's Association's contractor (HOA Manager) sends emails with invoices that do not contain attorney client privilege information. The email is appended with:

CONFIDENTIALITY NOTE: The information contained in this transmission is privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you have received this communication in error and then delete it. Thank you

What statue would compel any recipient to be required to take the action demanded in the confidentiality note?

This question is differnt from Does a boilerplate "This email is private" message have any legal force? in the sense that more specific context is provided.

gatorback
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1 Answers1

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No statute compels compliance with demands presented in such a letter, excluding statutes which might broadly say that common law obligations may be enforced. It is always possible for a person to file a complaint against another person in court. Possibly they might prevail in the lawsuit, possibly the lawsuit will be dismissed if the plaintiff gives a good argument for dismissing the case. The central question would be whether the plaintiff stated a legal claim, meaning that they set forth sufficient facts and legal argument that the case can be litigated.

Whether or not you disclosing the contents of such an email is legally actionable cannot be assessed in the abstract. If you agreed to keep communications confidential (irrespective of whether you are aware that you agreed to), then the chances are good that you will not prevail in this lawsuit. It is well known that people generally do not read the fine print. What matters is what evidence the plaintiffs can muster to the effect that you agreed to confidentiality. There is always a (remote) possibility that confidentiality is mandated by trade secrets laws.

user6726
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