Click HERE
to return to
SUEaSpammer.com
[HOME PAGE]

Spam Suspects: EliteMate.com aka ElitePartnerships.com

- $3,700,000.00 USD in statutory damages (and counting)

Case Facts:

  Total number of spams sent: 294   CAN-SPAM Damages:TBA
  Number of days (776.2(c)): 92   15 O.S. 776.1 et sec: $3,700,000.00
  Number of days (776.7(c)): 52   Other Damages: 0.00
  Total distinct days: 144   Total Damages: $3,700,000.00

spam timeline:

2003/07/04 - SPAM - Received 2 spams dated 07/04/2003 ($50,000 in damages)
2003/07/21 - SPAM - Received 2 spams dated 07/21/2003 ($50,000 in damages)
2003/09/09 - SPAM - Received 1 spams dated 09/09/2003 ($25,000 in damages)
2003/10/04 - SPAM - Received 1 spams dated 10/04/2003 ($25,000 in damages)
2003/10/29 - SPAM - Received 1 spams dated 10/29/2003 ($25,000 in damages)
2003/11/08 - SPAM - Received 1 spams dated 11/08/2003 ($25,000 in damages)

2004

2004/06/25 - SPAM - Received 2 spams dated 06/25/2004 ($50,000 in damages)
2004/07/01 - SPAM - Received 1 spams dated 07/01/2004 ($25,000 in damages)
2004/07/09 - SPAM - Received 1 spams dated 07/09/2004 ($25,000 in damages)
2004/07/30 - SPAM - Received 2 spams dated 07/30/2004 ($50,000 in damages)
2004/08/03 - SPAM - Received 4 spams dated 08/03/2004 ($50,000 in damages)
2004/08/10 - SPAM - Received 12 spams dated 08/10/2004 ($50,000 in damages)
2004/08/20 - SPAM - Received 1 spams dated 08/20/2004 ($25,000 in damages)
2004/08/21 - INVOICE - Invoice sent for spam
2004/08/24 - SPAM - Received 6 spams dated 08/24/2004 ($50,000 in damages)
2004/08/26 - SPAM - Received 1 spams dated 08/26/2004 ($25,000 in damages)
2004/08/29 - SPAM - Received 5 spams dated 08/29/2004 ($50,000 in damages)
2004/08/30 - SPAM - Received 4 spams dated 08/30/2004 ($50,000 in damages)
2004/09/06 - SPAM - Received 5 spams dated 09/06/2004 ($50,000 in damages)
2004/09/07 - SPAM - Received 1 spams dated 09/07/2004 ($25,000 in damages)
2004/09/09 - SPAM - Received 4 spams dated 09/09/2004 ($50,000 in damages)
2004/09/12 - SPAM - Received 5 spams dated 09/12/2004 ($50,000 in damages)
2004/09/13 - SPAM - Received 1 spams dated 09/13/2004 ($25,000 in damages)
2004/09/21 - SPAM - Received 1 spams dated 09/21/2004 ($25,000 in damages)
2004/09/24 - SPAM - Received 5 spams dated 09/24/2004 ($50,000 in damages)
2004/09/25 - SPAM - Received 1 spams dated 09/25/2004 ($25,000 in damages)
2004/09/27 - SPAM - Received 2 spams dated 09/27/2004 ($50,000 in damages)
2004/10/01 - SPAM - Received 2 spams dated 10/01/2004 ($50,000 in damages)
2004/10/02 - SPAM - Received 2 spams dated 10/02/2004 ($50,000 in damages)
2004/10/08 - SPAM - Received 3 spams dated 10/08/2004 ($50,000 in damages)
2004/10/10 - SPAM - Received 7 spams dated 10/10/2004 ($50,000 in damages)
2004/10/13 - SPAM - Received 1 spams dated 10/13/2004 ($25,000 in damages)
2004/10/15 - SPAM - Received 3 spams dated 10/15/2004 ($50,000 in damages)
2004/10/16 - SPAM - Received 5 spams dated 10/16/2004 ($50,000 in damages)
2004/10/17 - SPAM - Received 1 spams dated 10/17/2004 ($25,000 in damages)
2004/10/19 - SPAM - Received 1 spams dated 10/19/2004 ($25,000 in damages)
2004/10/23 - SPAM - Received 1 spams dated 10/23/2004 ($25,000 in damages)
2004/10/24 - SPAM - Received 1 spams dated 10/24/2004 ($25,000 in damages)
2004/10/25 - SPAM - Received 1 spams dated 10/25/2004 ($25,000 in damages)
2004/10/26 - SPAM - Received 1 spams dated 10/26/2004 ($25,000 in damages)
2004/10/27 - SPAM - Received 1 spams dated 10/27/2004 ($25,000 in damages)
2004/10/28 - SPAM - Received 1 spams dated 10/28/2004 ($25,000 in damages)
2004/11/03 - SPAM - Received 6 spams dated 11/03/2004 ($50,000 in damages)
2004/11/05 - SPAM - Received 11 spams dated 11/05/2004 ($50,000 in damages)
2004/11/06 - SPAM - Received 1 spams dated 11/06/2004 ($25,000 in damages)
2004/11/07 - SPAM - Received 7 spams dated 11/07/2004 ($50,000 in damages)
2004/11/09 - SPAM - Received 5 spams dated 11/09/2004 ($50,000 in damages)
2004/11/10 - SPAM - Received 2 spams dated 11/10/2004 ($50,000 in damages)
2004/11/13 - SPAM - Received 8 spams dated 11/13/2004 ($50,000 in damages)
2004/11/14 - SPAM - Received 1 spams dated 11/14/2004 ($25,000 in damages)
2004/11/16 - SPAM - Received 7 spams dated 11/16/2004 ($50,000 in damages)
2004/11/17 - SPAM - Received 2 spams dated 11/17/2004 ($50,000 in damages)
2004/11/18 - SPAM - Received 6 spams dated 11/18/2004 ($50,000 in damages)
2004/11/19 - SPAM - Received 2 spams dated 11/19/2004 ($50,000 in damages)
2004/11/20 - SPAM - Received 1 spams dated 11/20/2004 ($25,000 in damages)
2004/11/21 - SPAM - Received 9 spams dated 11/21/2004 ($50,000 in damages)
2004/11/26 - SPAM - Received 3 spams dated 11/26/2004 ($50,000 in damages)
2004/11/27 - SPAM - Received 1 spams dated 11/27/2004 ($25,000 in damages)
2004/12/01 - SPAM - Received 3 spams dated 12/01/2004 ($50,000 in damages)
2004/12/03 - SPAM - Received 1 spams dated 12/03/2004 ($25,000 in damages)
2004/12/06 - SPAM - Received 7 spams dated 12/06/2004 ($50,000 in damages)
2004/12/07 - SPAM - Received 5 spams dated 12/07/2004 ($50,000 in damages)
2004/12/08 - SPAM - Received 1 spams dated 12/08/2004 ($25,000 in damages)
2004/12/10 - SPAM - Received 3 spams dated 12/10/2004 ($50,000 in damages)
2004/12/11 - SPAM - Received 5 spams dated 12/11/2004 ($50,000 in damages)
2004/12/16 - SPAM - Received 9 spams dated 12/16/2004 ($50,000 in damages)
2004/12/17 - SPAM - Received 1 spams dated 12/17/2004 ($25,000 in damages)
2004/12/19 - SPAM - Received 3 spams dated 12/19/2004 ($50,000 in damages)
2004/12/21 - SPAM - Received 3 spams dated 12/21/2004 ($50,000 in damages)
2004/12/26 - SPAM - Received 3 spams dated 12/26/2004 ($50,000 in damages)
2004/12/27 - SPAM - Received 4 spams dated 12/27/2004 ($50,000 in damages)
2004/12/29 - SPAM - Received 9 spams dated 12/29/2004 ($50,000 in damages)
2004/12/30 - SPAM - Received 1 spams dated 12/30/2004 ($25,000 in damages)

2005

2005/01/02 - SPAM - Received 6 spams dated 01/02/2005 ($50,000 in damages)
2005/01/03 - SPAM - Received 16 spams dated 01/03/2005 ($50,000 in damages)
2005/01/22 - SPAM - Received 1 spams dated 01/22/2005 ($25,000 in damages)
2005/01/23 - SPAM - Received 2 spams dated 01/23/2005 ($50,000 in damages)
2005/01/25 - SPAM - Received 3 spams dated 01/25/2005 ($50,000 in damages)
2005/01/26 - SPAM - Received 1 spams dated 01/26/2005 ($25,000 in damages)
2005/01/27 - SPAM - Received 4 spams dated 01/27/2005 ($50,000 in damages)
2005/01/28 - SPAM - Received 1 spams dated 01/28/2005 ($25,000 in damages)
2005/01/31 - SPAM - Received 4 spams dated 01/31/2005 ($50,000 in damages)
2005/02/03 - SPAM - Received 1 spams dated 02/03/2005 ($25,000 in damages)
2005/02/04 - SPAM - Received 3 spams dated 02/04/2005 ($50,000 in damages)
2005/02/06 - SPAM - Received 4 spams dated 02/06/2005 ($50,000 in damages)
2005/02/08 - SPAM - Received 4 spams dated 02/08/2005 ($50,000 in damages)
2005/02/11 - SPAM - Received 1 spams dated 02/11/2005 ($25,000 in damages)
2005/02/12 - SPAM - Received 9 spams dated 02/12/2005 ($50,000 in damages)
2005/02/14 - SPAM - Received 1 spams dated 02/14/2005 ($25,000 in damages)
2005/02/25 - SPAM - Received 3 spams dated 02/25/2005 ($50,000 in damages)
2005/02/26 - SPAM - Received 1 spams dated 02/26/2005 ($25,000 in damages)
2005/03/01 - SPAM - Received 4 spams dated 03/01/2005 ($50,000 in damages)
2005/03/05 - SPAM - Received 4 spams dated 03/05/2005 ($50,000 in damages)

Quick Links:

1. Original Spam Message (in email form | in PDF form)
2. Other Spam Messages (40 and counting)
3. Original Invoice for $1,000.00 USD that I sent to Victor.
4. A funny story about EliteMate spam (from CockEyed.com) | (PDF)
5. Telephone Call to Victor Daniel dated 9/27/2004 @ 11:04 AM
6. Other Evidence so far


Synopsis

In a nutshell. In June and August 2004 this guy spams me through his affiliate ID “a7777”. I send him an invoice. He claims he’s filing bankruptcy and that I am tying to extort money from him, etc, etc. He promises on August 23, 2004 that I won“t get any more spam advertising EliteMate.com but then in the latter half of September I get 4 more days worth.

This is Victor Daniel. (at right) He is the owner of EliteMate.com and claims to be a psychic. He must not be a very good one or he would have seen this lawsuit coming and avoided sending me all of this junk email. Hmmmmmmmmmm.... Go figure.

During our communication in August, he goes off about this “suppression list” he promises to add me to. I told him I didn’t care about any suppression list but he swears he’ll never let any of his “affiliates” email me again. He then forwards my emails to about 30-50 affiliates (direct email marketing friends?) “warning them” not to email me.

One would think that that would be that? No more EliteMate spam Right? Wrong. Remember Rule #1: Spammers lie.

Lo and behold I get another rash of them on September 21, 24, 25, and 27, 2004 as well as October 1, 2004. These are coming from affiliate IDs “rexto” and affiliate ID “be333”. Hmmmmmm and even after he promised to send no more spam! That’s an additional $125,000.00 worth he could have avoided. Not good. Even if he claims he didn’t know about the original rash of spam, he can’t claim he couldn’t prevent this latest set. Seems to me that all of his affiliates are spammers.

Yet another rash of spams from this guy. (I wonder if he’s smoking crack or something.) This time from affiliates “a7777” and “broad”.

What is it going to take to get this guy to quit spamming?

Enough is enough already! Two more spams, one on October 13 and another on October 23, 2004. both from affiliate ID “maker”. I wonder if we can hit $1M worth by the end of the year? Whadayasay Victor? Care to make it an even million?

I invoiced him originally because several times in the last few months I have received junk email from “EliteMate.com”, a site “Where Singles Meet!”. The emails, like so many others I receive claim that I registered at some site somewhere and requested this information. Nothing could be further from the truth. I am a happily married man and have never registered at ANY site claiming to be “single”. ESPECIALLY NOT WITH A HARVESTED EMAIL ADDRESS where virtually ALL of the emails in question have been sent.

The spam advertising EliteMate.com contains false and misleading information. Namely the following:
You are subscribed to LCDOFFERS, a special offers and discount mailing newsletter. We send you information about products that we think you would be interested in, according to your registration.
First of all, I have never heard of “LCDOFFERS” and have not subscribed to their newsletter. This is a false statement designed to “fool me” into thinking that I somehow asked for this garbage.

Secondly, any “registration” I would have filled out would not have indicated that I am single. This clown in New York City, however, claims that I am being sent this “Singles ad” because “according to my registration info”, I would be interested in such things. Happily married men aren’t interested in internet dating sites.

Give me a break!

By sending (or causing to send) email that contains false, malicious, and misleading information, EliteMate.com 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.
I consider this very malicious considering that some husband’s wives may not be as sophisticated and computer savvy as others. Some wives may believe the lie at the bottom of these emails where it claims their husband signed up asking for information on singles. This is an outrage!

Liability of the Sender(s)

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 of $850,000.00 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.


Other Spams advertising EliteMate.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.)

Back to TOP




Other evidence

Back to TOP




Back to TOP

-----Original Message-----
From: EliteMate [mailto:noreply@gattacamail.com]
Sent: Saturday, September 25, 2004 11:49 PM
To: blowmeyouloser@kindasoft.com
Subject: Join The Elite Singles Crowd


 

To stop receiving emails from EliteMate.com, please click here, or write to us at:
138-07 82nd Drive, Briarwood, NY 11435.











LCDOFFERS -= Privacy & Unsubscribe Information =-
You are subscribed to LCDOFFERS, a special offers and discount mailing newsletter. We send you information about products that we think you would be interested in, according to your registration. If you wish to remove yourself from this list, please click and your request will be honored.

You may also send requests and comments via US Mail:
LCDOFFERS
PO Box 351952
Westminster CO 80035



Copyright © 2005, SUEaSpammer.com