We currently have a guy in collection that did something simlar to this. He
owes us around $4200, and has so for about 2 years now. Of course he
refuses to pay. Our spam information is a little different, the AUP says...
Customers that send over 100 emails in a 24-hour period are subject to a
charge of $3.50 per email sent beyond 100. Kendra Communications understands
that Customers may have a valid reason for sending over 100 emails in a 24
hour period other then spreading unsolicited Email (spam). If the Customer
notifies Kendra Communications of the intent of the mass mailing, Kendra
Communications will help the user set up a listserv if necessary, or allow
the customer to continue the practice of sending over 100 emails without
charge.
And of course we have the usual "send spam and we'll hunt you down and take
a chainsaw to your computer" type of language. This has worked well and
stood up to the legal challenge the idiot that owes us $4200 brought when he
tried to buy a house. Never got past his Attorney. His wife called us, his
mother called us, but nobody paid so it stands. We had woman in Alabama pay
us $1138 after she was turned over to collection. Of course you have to put
up with the screaming over the phone, but sometimes it's worth it.
I don't think we'll ever collect the $4200, I was surprised we collected the
other, and we immediately kill off any spammers once the hint is there that
they sending it out.
Rich
----- Original Message -----
From: Christopher Ulrich
To: [EMAIL PROTECTED]
Sent: Sunday, February 25, 2001 8:06 AM
Subject: [IMail Forum] Anyone ever sue a spammer?
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
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