First of all, this is on DECEPTIVE headers and subject lines, so there is already a wrong and a violation of the I-CAN-SPAM Act.
Second, under 17529.5, there is a provision for reduction of damages, if there are preventative measures in place.
Third, the reality is that most companies that hire spammers will have a policy prohibiting it, but do nothing to enforce that policy. In a case that I am litigating, the Defendants David Szpak and Emmanuel Gurtler decided not to check any of their affiliates, accept defaults judgments on prior lawsuits (totaling over $300k USD). Even after the judgments were satisfied by seizing monies from accounts, they never bothered sending an e-mail or making a phone call to the plaintiffs in those cases to ask which affiliate.
Fourth, in my current litigation, one of the identified affiliates is Yambo Financials (listed on ROSKO since 2004 and associated with Child porn and fake canadian drugs), which turned out to have 17 different affiliate IDs that shared banking/epassport accounts. In fact, Gurtler claimed that once they learned of this, they terminated this "affiliate" but that was a lie, and they didn't terminate all 17 different aliases for this "affiliate."
We should ban passengers in cars because passengers can distract drivers. We should ban putting items on the car seat because if you stop sharply, the items can move and that would distract the driver. We should ban car horns because someone blowing a horn can distract other drivers. We should ban sirens on emergency vehicles because the sirens would distract drivers from the road in front of them. We should ban dihydrogenmonoxide because it can distract drivers when it spills inside the car, when it gets splashed on cars, etc. (I'm ignoring that it is a major component of acid raid and that it is found in a high percentage of cancer cells.)
I was the one who filed the suit against e360insight. It was also announced on http://www.calspam.com .
It was e360's suit against Spamhaus and NANAE that brought them to my attention.
It is now interesting where Linhardt claimed, in my case, that when he told the Spamhaus Court, "e360 and I lost ...." that he really meant "e360 and I in my role as president...."
On the post: California Appeals Court Says Company Can Be Held Liable For Spam It Didn't Write Or Know About
Extreme Hyperbole
Second, under 17529.5, there is a provision for reduction of damages, if there are preventative measures in place.
Third, the reality is that most companies that hire spammers will have a policy prohibiting it, but do nothing to enforce that policy. In a case that I am litigating, the Defendants David Szpak and Emmanuel Gurtler decided not to check any of their affiliates, accept defaults judgments on prior lawsuits (totaling over $300k USD). Even after the judgments were satisfied by seizing monies from accounts, they never bothered sending an e-mail or making a phone call to the plaintiffs in those cases to ask which affiliate.
Fourth, in my current litigation, one of the identified affiliates is Yambo Financials (listed on ROSKO since 2004 and associated with Child porn and fake canadian drugs), which turned out to have 17 different affiliate IDs that shared banking/epassport accounts. In fact, Gurtler claimed that once they learned of this, they terminated this "affiliate" but that was a lie, and they didn't terminate all 17 different aliases for this "affiliate."
On the post: Transportation Secretary Expects To Use Technology To Block All Mobile Phone Usage In Cars [Updated]
Yes, we should ban dangerous things while driving
On the post: Group Trying To Get Backscatter Airport Scanners Banned
Child pornography?
Is that now the production of child pornography?
On the post: Mass Mailer That Tried To Get Spamhaus Shut Down Now Sued For Spamming
e360insight brought it on themselves
It was e360's suit against Spamhaus and NANAE that brought them to my attention.
It is now interesting where Linhardt claimed, in my case, that when he told the Spamhaus Court, "e360 and I lost ...." that he really meant "e360 and I in my role as president...."
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