FC: NY suit aims to stop spammer, learn how addresses were harvested

From: Declan McCullagh (declanat_private)
Date: Tue May 28 2002 - 09:52:41 PDT

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    http://www.oag.state.ny.us/press/2002/may/may28a_02.html
    
                                 Department of Law
                                    120 Broadway
                                 New York, NY 10271
                                 Department of Law
                                 The State Capitol
                                  Albany, NY 12224
                                          
                               For More Information:
                        (518) 473-5525 For Immediate Release
                                    May 28, 2002
                                          
        STATE LAWSUIT SEEKS TO END SPAM EMAILS SENT BY NIAGARA FALLS COMPANY
        Spitzer Says Company Sent More than 500 Million Unsolicited Messages
                                   to Consumers 
                                          
       Attorney General Eliot Spitzer today filed a lawsuit against a Niagara
       Falls-based "spammer" that sent hundreds of millions of emails to
       consumers whom it falsely claimed had requested the emails.
       
       "Every day New Yorkers are being inundated with unsolicited commercial
       emails, or spam," Spitzer said. "Some of the spam is a vehicle for
       fraud, some of the spam is inherently fraudulent, and much of it
       constitutes a real annoyance for email user. This lawsuit is the next
       battle in our continuing fight against online fraud, and an attempt to
       help consumers maintain control of their email in-boxes."
       
       MonsterHut, Inc., its Chief Executive Officer Todd Pelow and its Chief
       Technical Officer Gary Hartl, are accused of fraudulently advertising
       and representing the company's email marketing service as "permission
       based" or "opt-in," meaning that every consumer to whom they send
       commercial email has explicitly asked to receive it. In fact, the suit
       alleges, the company's email lists are only partly "opt-in," and
       include many consumers who never asked to receive email from the
       company. The suit also alleges that this false representation of
       MonsterHut's business practices enabled the company to profit through
       the deception its Internet access provider, its own paid advertisers,
       and consumers at large.
       
       The suit alleges that since March 2001, MonsterHut has flooded
       consumers' email in-boxes with more than 500 million commercial
       emails, advertising a variety of goods and services. At the same time,
       negative consumer response to MonsterHut's spam has been overwhelming.
       More than 750,000 consumers have requested to be removed from
       MonsterHut's mailing lists, and tens of thousands have complained to
       MonsterHut's internet access provider, PaeTec Communications, Inc., of
       Rochester.
       
       Earlier this month, PaeTec cut off MonsterHut from its network, after
       a New York appeals court held that MonsterHut had violated an
       anti-spamming provision in its contract with PaeTec. However, nothing
       in that decision prevented MonsterHut from spamming consumers through
       another internet service provider.
       "We are seeking to prevent MonsterHut from continuing its fraudulent,
       deceptive and illegal practices, not just over PaeTec's network, but
       over any ISP in New York," Spitzer said.
       
       The Attorney General is seeking a court order to:
         * Enjoin MonsterHut, Pelow, and Hartl from falsely representing the
           nature of their unsolicited commercial email;
         * Require MonsterHut, Pelow and Hartl to disclose how it obtained
           all the consumers' email addresses; and
         * Require MonsterHut, Pelow and Hartl to pay civil penalties and
           court costs for its violations of New York's consumer protection
           laws.
           
       This case is being handled by Assistant Attorney General Stephen Kline
       of Attorney General Spitzer's Internet Bureau.
    
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