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Spam Suspects: Access Warranty

- $1,925,000.00 USD in statutory damages

Case Facts:

  Total number of spams sent: 94   CAN-SPAM Damages:TBA
  Number of days (776.2(c)): 46   15 O.S. 776.1 et sec: $1,925,000.00
  Number of days (776.7(c)): 32   Other Damages: 0.00
  Total distinct days: 78   Total Damages: $1,925,000.00

spam timeline:

2004

2004/12/21 - SPAM - Received 1 spam dated 12/21/2004 ($25,000 in damages)
2004/12/23 - SPAM - Received 1 spam dated 12/23/2004 ($25,000 in damages)
2004/12/25 - SPAM - Received 1 spam dated 12/25/2004 ($25,000 in damages)
2004/12/27 - SPAM - Received 1 spam dated 12/27/2004 ($25,000 in damages)
2004/12/29 - SPAM - Received 1 spam dated 12/29/2004 ($25,000 in damages)
2004/12/31 - SPAM - Received 1 spam dated 12/31/2004 ($25,000 in damages)

2005

2005/01/02 - SPAM - Received 1 spam dated 01/02/2005 ($25,000 in damages)
2005/01/03 - SPAM - Received 2 spams dated 01/03/2005 ($50,000 in damages)
2005/01/06 - SPAM - Received 2 spams dated 01/06/2005 ($50,000 in damages)
2005/01/08 - SPAM - Received 2 spams dated 01/08/2005 ($50,000 in damages)
2005/01/12 - SPAM - Received 2 spams dated 01/12/2005 ($50,000 in damages)
2005/01/19 - SPAM - Received 2 spams dated 01/19/2005 ($50,000 in damages)
2005/01/21 - SPAM - Received 1 spam dated 01/21/2005 ($25,000 in damages)
2005/01/27 - SPAM - Received 1 spam dated 01/27/2005 ($25,000 in damages)
2005/02/04 - SPAM - Received 2 spams dated 02/04/2005 ($50,000 in damages)
2005/02/09 - SPAM - Received 2 spams dated 02/09/2005 ($50,000 in damages)
2005/02/12 - SPAM - Received 6 spams dated 02/12/2005 ($50,000 in damages)
2005/02/17 - SPAM - Received 2 spams dated 02/17/2005 ($50,000 in damages)
2005/02/18 - SPAM - Received 2 spams dated 02/18/2005 ($50,000 in damages)
2005/02/19 - SPAM - Received 2 spams dated 02/19/2005 ($50,000 in damages)
2005/02/20 - SPAM - Received 2 spams dated 02/20/2005 ($50,000 in damages)
2005/02/22 - SPAM - Received 2 spams dated 02/22/2005 ($50,000 in damages)
2005/02/24 - SPAM - Received 4 spams dated 02/24/2005 ($50,000 in damages)
2005/02/25 - SPAM - Received 4 spams dated 02/25/2005 ($50,000 in damages)
2005/02/28 - SPAM - Received 1 spam dated 02/28/2005 ($25,000 in damages)
2005/03/02 - SPAM - Received 2 spams dated 03/02/2005 ($50,000 in damages)
2005/03/03 - SPAM - Received 2 spams dated 03/03/2005 ($50,000 in damages)
2005/03/05 - SPAM - Received 2 spams dated 03/05/2005 ($50,000 in damages)
2005/03/06 - SPAM - Received 2 spams dated 03/06/2005 ($50,000 in damages)
2005/03/08 - SPAM - Received 2 spams dated 03/08/2005 ($50,000 in damages)
2005/03/09 - SPAM - Received 1 spam dated 03/09/2005 ($25,000 in damages)
2005/03/11 - SPAM - Received 1 spam dated 03/11/2005 ($25,000 in damages)
2005/03/12 - SPAM - Received 4 spams dated 03/12/2005 ($50,000 in damages)
2005/03/13 - SPAM - Received 2 spams dated 03/13/2005 ($50,000 in damages)
2005/03/14 - SPAM - Received 2 spams dated 03/14/2005 ($50,000 in damages)
2005/03/15 - SPAM - Received 2 spams dated 03/15/2005 ($50,000 in damages)
2005/03/16 - SPAM - Received 2 spams dated 03/16/2005 ($50,000 in damages)
2005/03/17 - SPAM - Received 3 spams dated 03/17/2005 ($50,000 in damages)
2005/03/18 - SPAM - Received 4 spams dated 03/18/2005 ($50,000 in damages)
2005/03/19 - SPAM - Received 2 spams dated 03/19/2005 ($50,000 in damages)
2005/03/20 - SPAM - Received 2 spams dated 03/20/2005 ($50,000 in damages)
2005/03/22 - SPAM - Received 2 spams dated 03/22/2005 ($50,000 in damages)
2005/03/23 - SPAM - Received 2 spams dated 03/23/2005 ($50,000 in damages)
2005/03/24 - SPAM - Received 3 spams dated 03/24/2005 ($50,000 in damages)
2005/03/25 - SPAM - Received 1 spam dated 03/25/2005 ($25,000 in damages)
2005/03/28 - SPAM - Received 3 spams dated 03/28/2005 ($50,000 in damages)
2005/04/27 - FORM - First response to spam - using the name “Steve Lewis”
2005/04/28 - CALL - Telephone Call #1 - from Dina asking for “Steve Lewis”
2005/04/28 - CALL - Telephone Call #2 - from Mark Stephens
2005/05/16 - CALL - Telephone Call #3 - to David Brand (CAN-SPAM compliant Opt-Out request made)
WebGuy calls Access Warranty - spoke with the owner, David Brand on 05/16/2005. Lawful Opt-Out request made by WebGuy pursuant to §5[a](3)(A)(i) of the CAN-SPAM Act of 2003. During this call, Mr. Brand is advised to stop sending email immediately and to comply with the opt out request as provided by §5[a](3)(A)(i) of the CAN-SPAM Act of 2003

For the benefit of any pinheads that may be reading

We do not sell warranties. We are NOT Access Warranty. Our only purpose is to bring you public record concerning spam cases being filed in Oklahoma. That's it. Nothing more, nothing less. We don't sell anything. We do not provide a service other than the news worthiness of our content. We are not affiliated with any one particular law enforcement agency.

All of the graphics, logos and likenesses herein are the property of their respective owners.

This spammer
is featured on www.SpamPhone.com

Quick Links:

  1. Canary Trap set for AutoWarrantyDelz.com spam containing the name “Steve Lewis”
  2. Original Spam Message (in email form
  3. Other Spam Messages
  4. Other Evidence so far



Everything was fine until Mark Stephens called...

I can always tell if I am going to be able to settle with a spammer from the first few calls. Such is the case with Access Warranty. It would appear that they are headed down the same path as Continental Warranty which, ironically, they badmouth during their first call to my house. Dina has me go to BBB.org to check out their business record. While their BBB record shows the 7100 Havenfurst address, their site lists an additional address in Nevada:
Access Warranty - Headquarters
350 S. Center Street
Ste. 500
Reno, NV 89501
This is not so coincidentally listed on the spam as the physical address of the sender. This address is actually home to dozens of companies. So far, efforts to determine if it is a MailBoxes ETC location, or other similar service, have not been successful. It is looking, however, like this may be the actual business that is physically located at 350 Center Street

Liability of the Sender(s)

By sending (or causing to send) email that contains false, malicious, and misleading information, Access Warranty is in violation of Oklahoma Statutes Title 15 Section 776.1(A)(3) which states:
§ 776.1

A. It shall be unlawful for a person to initiate an electronic mail message that the sender knows, or has reason to know:

1. Misrepresents any information in identifying the point of origin or the transmission path of the electronic mail message;
2. Does not contain information identifying the point of origin or the transmission path of the electronic mail message; or
3. Contains false, malicious, or misleading information which purposely or negligently injures a person.
WebGuy Internet Solutions meets the definition of an email service provider as defined by Oklahoma Statutes Title 15 Section 776.4(5) which states:
§ 776.4
5. "Electronic mail service provider" means any person who:

   a. is an intermediary in sending or receiving electronic mail, and
   b. provides to end-users of electronic mail services the ability to send or receive electronic mail.
WebGuy Internet Solutions wishes to pursue a lawsuit for statutory damages in the amount stated above as provided for by Oklahoma Statutes Title 15 Section 776.2(C) which states:
§ 776.2
   C. If the injury arises from the transmission of unsolicited or commercial electronic mail messages, an injured electronic mail service provider may also recover attorneys' fees and costs and may elect, in lieu of actual damages, to recover the greater of Ten Dollars ($10.00) for each and every unsolicited commercial electronic mail message transmitted in violation of this act, or Twenty-five Thousand Dollars ($25,000.00) per day.
WebGuy Internet Solutions is entitled to additional amounts as provided for by Oklahoma Statutes Title 15 Section 776.7(C) which states:
§ 776.7
   C. If the injury arises from the transmission of unsolicited or commercial electronic mail messages, an injured electronic mail service provider may also recover attorneys' fees and costs and may elect, in lieu of actual damages, to recover the greater of Ten Dollars ($10.00) for each and every unsolicited commercial electronic mail message transmitted in violation of this act, or Twenty-five Thousand Dollars ($25,000.00) per day.


Other Spams advertising AutoWarrantyDelz.com

The dates and times listed are accurate representations of the actual dates and times I have received the emails below.

(To open any of these evidentiary files in a new window simply hold down your shift key while clicking any link below.)

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Other evidence

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-----Original Message-----
From: Auto WarrantyDelz.com [mailto:Control-73331647-Acc@eblue-cten.com]
Sent: Thursday, March 24, 2005 4:07 PM
To: Online Customer [mailto:ebayonly@realwebguy.com]
Subject: Extended Warranty Protection for your vehicle(s) ebayonly


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