Brewmanz Posted April 29, 2008 Share Posted April 29, 2008 A Texan spammer I can trace sent dozens of emails to my domain in violation of Texas law Section 46.008 © that states "In lieu of actual damages, an electronic mail service provider ... may recover the greater of: (1) $10 for each unlawful message; or (2) $25,000 for each day the unlawful message is received." As the spamming took place over 2 or 3 days (depending how you define a day) I reckon I can claim either $50,000 or $75,000. I'll be happy with either. BTW I'm hoping I can bypass federal CANSPAM as the emails were 'deceptive' as the spam failed to include 'ADV' in the subject line. I live in New Zealand and through my domain I act as an electronic mail service provider. I've tried to contact a couple of lawyer types via email, but have failed even to get a response. Obviously I'm doing something wrong here. Any helpful advice from anyone? Should I maybe target aweber who are not interested in the leaked email addresses (which is continuing as more addresses leak)? Details below ======= aweber.com is letting spammers get hold of its stored email addresses. I know it's them; suddenly 14 email addresses (with names like myname.coolwebsitedomain[at]mydomain, stored by aweber) started getting spam from a whole bunch of strange domains, all of which finished with 'Subscriber Requests: 4408 McLean Rd Haltom City TX 76117'. When I reported them thru spamcop, the spammer replied, "... Our email campaigns are 100% compliant with US laws and generally accepted email marketing practices. ... We ... take pride in making sure anyone who receives an email from our marketing campaigns is a verified opt-in to our distribution. Or you can respond to us directly at nt[at].. Cozmo SEO Power" When I challenged him on the 'verified opt-in', he then replied "I am looking into the source of this sample that was sent out days ago. The sample has been deleted and not used since a rush of Spamcop complaints arrived in the abuse inbox. I would like to explain that we have dozens of ICQ contacts dating back from 1999. This transaction happened through ICQ. After qualifying this data manager, I sent a test. We never expected this would generate so many problems for our network. As server administrator, I do not intend on doing business with this deviant party. I will paste below the ICQ number of how the sample was obtained: ICQ Number: 470-149-099 Name: William Shafer Birth Date: 24/02/1950 Age: 58 Please rest assure I learned a valuable less as I am sure to never deal with strangers like this again. I apologize once again about any misuse. Nick Turchiano Cozmo SEO Power" Link to comment Share on other sites More sharing options...
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