I have filed suit against Netflix for spam.

The lawsuit, filed January 2, 2003 in Los Gatos Small Claims Court seeks real
and punitive damages of $1,000. 

I'm seeking damages for Netflix�s violation of California�s anti-spam law and
punitive damages associated with Netflix�s aggressive and unrelenting spam
activities. 

Netflix Admits Spamming

In an April 21, 2002 newspaper article in the San Jose Mercury News titled,
�Big Firms Pay Bulk E-mailers For Referring New Customers,� a senior Netflix
staff person admitted Netflix used aggressive Spamming techniques to acquire
customers.  �(Rick) Sneed conceded that Netflix has drawn some subscribers
through spamming.�

I have also begun to seek out others who have been spammed by Netflix and its
affiliates. I have posted on Craigslist and other mailing lists looking for
victims.

I am asking users who received Netflix spam to fill out an affadavit that they
received the spam and haven't signed on to any marketing mailing lists. I plan
to use the affadvits in my case to back up my contention that Netflix is one
source of spam. I have two affidavits on their way so far.

I also plan to use the spam series of articles from the San Jose Mercury News
to show how spammers acquire email addresss. Also, the FTC on its site
validates the Mercury News story on how spammers acquire email addresses.

The hearing is scheduled for February 7, 2003 at 8:30am PST and will be held
at the Superior Court Los Gatos Facility, 14205 Capri Drive, Los Gatos, CA
95032

Thanks,

David J. Butler
San Jose
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