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.