America Online in Dulles, VA said it has won three lawsuits against junk emailers and filed nine new suits targeting porn-spammers, get-rich-quick schemers and sellers of spamming software.
In each of the victories, AOL said, the court awarded “substantial monetary damages.” And, for the first time in one case, the court applied federal and state computer fraud statutes recognizing that existing computer fraud statutes apply to the transmission of falsified email.
“These legal victories underscore the court’s recognition that junk email damages both our members and AOL,” said Randall Boe, AOL’s associate general counsel. “They also deliver a strong message: AOL will not tolerate junk e- mail on its network. . .”
In the winning cases:
LCGM in Madison Heights, MI , a spammer for pornographic Web sites, was ordered to pay damages and costs, including attorney’s fees, for sending millions of pieces of junk email to AOL members. The court also ordered LCGM to cease transmission. The court also ruled that LCGM, by employing methods and software designed to defeat AOL’s spam filtering technologies, had committed fraud. The court therefore applied both state and federal computer fraud laws.
The court also ordered Prime Data of Bowling Green, KY and its principal operator Vernon Hale, to pay damages to AOL for the costs of handling millions of pieces of junk email. The court also noted that the “malicious” nature of the defendant’s conduct warranted punitive damages triple the amount of the actual damages.
In a previous ruling, a case against IMS in Knoxville, TN yielded the first- ever judicial opinion finding that “AOL.com” forgery violates federal trademark statutes. In bringing this case to a conclusion, the court ruled against IMS, its principal Joe Melle and two other spammers: Brian Robbins, a spammer advertising a dubious “credit repair” scheme, and Neil Byron Goodson, a Louisiana-based seller of “Floodgate” spam software.
The court found each liable for actual damages and imposed triple punitive damages. The court also provided AOL with injunctive relief and barred the defendants from ever again sending email to AOL or its members.
New lawsuits were brought against nine alleged spammers in five different states.
The cases by state:
Power Promo and Forrest Dayton (Marietta, GA): AOL has brought suit against Power Promo and Dayton not only for their prolific spamming activities, but also for their alleged selling of the “Stealth” software program, which encourages and enables junk emailers to evade the technological blocks and filtering software AOL and others use to block spam. Filed in the U.S. District Court for the Eastern District of Virginia
GreatDeals.Net (Reston, VA): GreatDeals.Net is a seller of computer hardware. Despite having received a cease and desist request from AOL, GreatDeals.Net has continued to send junk email to AOL members. AOL is seeking damages and an end to spam sent from GreatDeals.Net. Filed in the Fairfax, VA County Court.
“Virtual Girlfriend” Spammer (Sunland and Tujunga, CA): This suit targets a ring of spammers that defrauds consumers who attempt to purchase the advertised software package. Filed in the U.S. District Court for the Southern District of California.
Michael Persaud, et. al. (San Diego, CA): This suit alleges that Persaud, operating under the names J.Butterfield, Henry Summers and Brian Crawford, has sent millions of pieces of junk email to AOL members despite a cease and desist request. Filed in the U.S. District Court for the Southern District of California.
USA Home Employment (Studio City, CA): USA Employment has been identified as a spammer of “get-rich-quick” envelope stuffing schemes.. Filed in the U.S. District Court for the Central District of California.
National Health Care Discounts, Inc. (Sioux City, IA): The suit alleges that this corporation uses spammers to generate sales leads by deluging AOL members with messages promoting NHCD’s health insurance products. Filed in the U.S. District Court for the Northern District of Iowa, Western Division.
Global Marketing Solutions Inc. (Orange County, FL): This suit targets a spammer of junk email and purveyor of a “Guaranteed. . .$10,000 cash loan!” program. Filed in U.S. District Court for the Middle District of Florida.
First Class Advertising (Valusia and Orange County, FL): This suit targets a bulk emailer responsible for sending AOL members junk email advertising the sale of “Beanie Babies” and bulk email services. Filed in U.S. District Court for the Middle District of Florida.
The Christian Brothers (Brooklyn, NY): AOL alleges that this spammer has persistently used junk email to advertise a “miracle cancer cure” (apricot seeds). Filed in the U.S. District Court for Southern District of New York.
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