Spammer sues spammed

I don’t think that this one has a leg to stand on, but I picked it up via Spam Kings: Spam Kings Blog: Cruisin’ for a legal bruisin’. It seems Mark Mumma – I take it he is some type of sys admin/small ISP/something else I can’t quite figure out – has made a little side career out of suing spammers. Now they have bit back.

I have a few questions/points about this…..

Now I may be way off base here, but I actually see some problems with this scenario:

If Mark has made a little side business out of this, is he seeding lists in order to get spammed, in order to sue, in order to settle, in order to pay the mortgage? Its the tendency to attempt settlement that makes me suspicious here. If so, that is going to catch up with him, unless it already has.

They are now in a different court than usual, and Mark’s lawyer is screaming jurisdiction? I think there is more to that than meets the eye. Is the spammer or target company working or based out of there? Either way, they must think they have a strong case. If so, I think Mark is in deeper than he may like to be. Virginia is tough on spammers, really tough. Any spammer (or partner) who has the guts to sue in that state has something up their sleeve.

Whatever the issues here, which we will likely find out, and soon, we can be pretty sure this little game has backfired on Mark. I doubt he will be pulling this trick again, and I suspect he is now going to get a lot more spam (due to the publicity).

Lesson: If you want to make a game of suing folks for a living, make sure you have deep pockets, because you won’t win them all.

For more on this story, you can check out Spammer Sues Spam Victim, Continues Spamming Him.

Comments

I have never “seeded” lists in order to receive spam. So far this has been the dumbest argument I’ve heard. I’m a web hosting ISP that provides web space and email service to my customers. I’ve been in business since 1993. Since then I have amassed enough customers to where I now receive in excess of $250,000 spams per month.

I have started going after ALL senders of junk email that I didn’t ask for. State law calls this fraud and punishes offenders by awarding email service providers $25,000.00 per day for each day illegal spam is transmitted to or through my Oklahoma based email servers.

Why on planet earth would I need to “invent” a spam complaint when I have so many REAL offenders out there.

Omega is claiming I opted in. That never happened. A control email address: compliance@optout1.com as well as others were subsequently subscribed in late January or Early February to establish cruise.com’s compliance with the opt out request of January 19, 2005. None of the damages we are alleging are a result of any email sent to any control email address we’ve used. Our complaint stems solely of cruise.com’s unlawful use of a unique email address that has a specific purpose in WebGuy’s day to day business activities. Email to this address is broadcasted to his cell phone if it is from someone not recognized by the system. This has cost me real dollars because cruise.com “guessed” the wrong email address in which to launch a dictionary attack. Had they “guessed” any other address like webmaster, contact, email, mail, info, sales, ANYTHING! then they wouldn’t have cost me money on my cell phone bill with their stupid garbage.

All email sent to this one particular email address is automatically forwarded to my cell phone. Why would I have *subscribed* to an address I am using as a vital and integral part of my day to day “important” email notification system?

inbox@webguy.net is not the address I would have used if I had intentionally subscribed to anything from Omega or their subsidiaries. I can effortlessly prove this certainty in court. I will shred their legal counsel if they insist on this defense. A defense which argues that I really did ask for it.

Winning this case is going to be like taking candy from a baby.

I have hundreds of thousands of spams every month. It makes no sense that I would put all of those offenders on hold to go after an “innocent” company. They are guilty of sending me unwanted email and with their help I can prove it.

Mark my words,
Mark W. Mumma.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.