Suing spammers: any chance?

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  • Thyme
    Junior Member
    • Mar 2004
    • 13

    Suing spammers: any chance?

    I have been getting a a large number of mailer-daemon emails beacuse a spammer is using my domain name to spam and they bounce back to me. I've tried to WHOIS and dig but I haven't been able to track him down. IANAL but I have a fairly good understanding of the law. Let's assume I can eventually track him down. All of these emails are trying to get people to go to http://www.gtspecalzdgree.com/, a site for complete morons to get "degrees" (Words cannot express the amount of idiocy it would take to actually buy one of those). So assuming I can track him down and he's living in the States, what do you think my chances are of winning?

    I feel that my best chances are suing him for a privacy tort called appropriation for using my domain name which is my real name. There would be a case for some compensatory damages and I think a jury would award a significant amount of punative damages.

    Any ideas? I know it might seem quixotic to sue a spammer, but if it's possibleI want to do it.
    "I have never made but one prayer to God, a very short one: 'O, Lord, make my enemies ridiculous.' And God granted it." --Voltaire
  • justme
    Junior Member
    • Mar 2004
    • 29

    #2
    Well, I'm not a lawyer, I don't play one on the Internet, and I didn't stay at a Holiday Inn Express last night. But, my recommendation would be to find a real lawyer who specializes in Internet law and see what advice you'd get.

    justme

    Comment

    • Pedja
      Senior Member
      • Mar 2004
      • 329

      #3
      I believe there is plenty of room for suit. He uses your identity at first and then, he disturbes your nomral communication by generating false emails that return to you.

      I think you do not have to track down real source of spam but sue owner of the advertized site.

      Best thing is to talk to lawyer expert in spam.

      Comment

      • medwards
        Junior Member
        • Mar 2004
        • 27

        #4
        I have just had this start happening to me...

        The spam is trying to send them here

        http://ibvil.myvirtualusa dot com/?e=T4598

        It is a pain in the rear end...I put a note up on my site saying if you got spam from my domain it was not me

        Comment

        • Frank Hagan
          Senior Member
          • Mar 2004
          • 724

          #5
          There is an attorney who specializes in this kind of thing in San Francisco. I was prepared to use the incoming California law to sue all the domestic spammers I could for the $500 per spam liquidated damages, but the Federal "CAN-SPAM" law, which legalized spam, superseded the California law. Score another one for the American Marketing Association.

          Find out if the business is a US based business. If its off-shore, you probably don't stand a chance of doing anything about it.

          Comment

          • Thyme
            Junior Member
            • Mar 2004
            • 13

            #6
            Thanks everyone. That's what I've been working on. The server is in Brazil, but I don't know if the guy is. I will act like a customer and see if I can get some contact information. I'm going to really have to go undercover as a complete and utter idiot if I'm going to fake him out that I really want to buy a degree from a random spammer's website.
            "I have never made but one prayer to God, a very short one: 'O, Lord, make my enemies ridiculous.' And God granted it." --Voltaire

            Comment

            • Pedja
              Senior Member
              • Mar 2004
              • 329

              #7
              Why don't you report this to some blacklist servers? That will surely hurt him.
              Also, try to contact admin or owner of the abused server.

              Comment

              • chrisd
                Member
                • Mar 2004
                • 44

                #8
                Originally posted by Thyme
                Thanks everyone. That's what I've been working on. The server is in Brazil, but I don't know if the guy is.
                Ahhh ... one of my pet spammers.

                http:// wesleyaninternationaluniversity dot org

                Look familiar?

                Also whois collgecreditnow.com (note spelling) for further clues.

                You might want to contact Scott Suhmann over at hostmysite dot com. He's a pretty good guy, but I'm not too sure how cooperative he'd be without a subpoena.

                I do know the customer's name is "Craig" - probably just a clueless recruit being paid by the lead.

                Comment

                • 580203
                  Junior Member
                  • Jun 2004
                  • 7

                  #9
                  Suing someone is a hugely expensive undertaking. Tens of thousands of dollars in most cases to get a retainer for an attorney. And, even if you win, collecting is YOUR responsibility, not the courts. It's pretty much a no-win situation. If the people you sue have no money, then you get NADA. Most people have the money the *do* have hidden away and protected. Some lawyers (not the majority) are filthy and your opponent probably has one of them. :-)

                  I think that I have found that most folks know that most spam is spoofed. I just keep deleting the non deliverables and have a well tuned filter on my incoming mail so that the email I want to read goes the right places. The rest I just delete. 100's every day.

                  Comment

                  • Ihost
                    Junior Member
                    • Mar 2004
                    • 22

                    #10
                    I have seen a script that dynamically creates hundreds of fake email addresses along with a link to another page that does the same. By doing this a few times (don't go overboard) you will help add hundreds and thousands of useless email addresses to the spammers lists which cuts down on thier effectiveness as the get tons of bounced email back.

                    Maybe that is one way to strike back.
                    Kerry Slavin
                    Reliable Solution Internet Services
                    For the best independent support for webhosts & their customers visit -
                    JointSupportForum.Com

                    Comment

                    • 580203
                      Junior Member
                      • Jun 2004
                      • 7

                      #11
                      ...that sounds like a lot of work. Great if you have the time.

                      Comment

                      • Ihost
                        Junior Member
                        • Mar 2004
                        • 22

                        #12
                        Originally posted by 580203
                        ...that sounds like a lot of work. Great if you have the time.
                        If you are talking about the script that I mentioned, then I don't think it is a lot of work. Just a straight forward script installation and maybe a generic html page thrown up to hold it. I haven't done this yet, but if the tide of spam doesn't reduce I will do it as a means to strike back.
                        Kerry Slavin
                        Reliable Solution Internet Services
                        For the best independent support for webhosts & their customers visit -
                        JointSupportForum.Com

                        Comment

                        • Jonathan
                          Senior Member
                          • Mar 2004
                          • 1229

                          #13
                          Originally posted by Ihost
                          If you are talking about the script that I mentioned, then I don't think it is a lot of work. Just a straight forward script installation and maybe a generic html page thrown up to hold it. I haven't done this yet, but if the tide of spam doesn't reduce I will do it as a means to strike back.
                          If this work and doesn't some how get your domain
                          suspended, send that baby to me

                          I'll be more than willing to toss it up,
                          even to make a non-noticable dent
                          "How can someone be so distracted yet so focused?"
                          - C

                          Comment

                          • justme
                            Junior Member
                            • Mar 2004
                            • 29

                            #14
                            Originally posted by Ihost
                            I have seen a script that dynamically creates hundreds of fake email addresses along with a link to another page that does the same. By doing this a few times (don't go overboard) you will help add hundreds and thousands of useless email addresses to the spammers lists which cuts down on thier effectiveness as the get tons of bounced email back.

                            Maybe that is one way to strike back.
                            Realistically, what will this do other than increase bandwidth usage and ultimately contribute to higher prices we all end up paying for the Internet? You think the Spammers care about bounce backs? They never even see 'em.

                            Here's another way to attack the problem: FTC Spam Complaint Form. Don't know how much good this will do, either, though.

                            justme

                            Comment

                            • Backup Bob
                              Junior Member
                              • May 2004
                              • 17

                              #15
                              Originally posted by Frank Hagan
                              There is an attorney who specializes in this kind of thing in San Francisco. I was prepared to use the incoming California law to sue all the domestic spammers I could for the $500 per spam liquidated damages, but the Federal "CAN-SPAM" law, which legalized spam, superseded the California law. Score another one for the American Marketing Association.

                              Find out if the business is a US based business. If its off-shore, you probably don't stand a chance of doing anything about it.
                              The article on my Website tells of what I found when I tracked down a certain spammer. Spam article

                              CAN-SPAM seems to have emboldened the spammers. This outfit will gladly send spam for you for only $1 per 1,000 pieces in small quantities and less in larger quantities.

                              Near the bottom of this page you will find these two rather sobering quotes from their Website:

                              Offshore Legal Direct E-Mail Marketing Services
                              Take advantage the most cost effective way of marketing of this e-age to legally email to your potential customers and boost your sales during the great Chinese Monkey Year of 2004.

                              Check out the news of the CAN SPAM ACT signed on 12/16/03 by President Bush. Effective on Jan 1, 2004, this federal Law legalized UCE in the United States and overrides any contradictory state laws in the country.
                              A very satisfied customer since 06/02/03. Dathorn rocks!

                              Comment

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