[IMail Forum] Anyone ever sue a spammer?

[Christopher Ulrich]

As a follow up to my last post about the customer who was
getting complaints about spamming, we've checked the logs and
don't think he was really spamming.  His mail volume is extremely low
and attribute it to opt-ins / old customers who forget that they ever did
anything with him... and the fact that his emails are so "Ad" looking doesn't help.

Then again, I've gotten complaints of spam when someone places an order
and we email them their receipt.

ANYWAY... in the process of tracking this down, we did find the customer causing
the spike in our email logs.  He (she?) is was sending about 20,000-50,000 emails
a day over a one week period.  Email is part of their web hosting package, but
they do not even have a web page up.  Further, we do not offer them list services,
so I can't attribute it to that.

Assuming it is SPAM, has anyone ever enforced their terms of service successfully
in a money action? 

Our policy states, in part...

Spamming
Sending unsolicited advertising to numerous email addresses ...  (blah... blah... blah... )
In addition to termination of service, Our will charge Five Dollars ($5.00) per email recipient for any such activity.

Has anyone ever gotten this to stick?

Thanks

- Chris