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Spam Suspects: Michael C. Comish dba PiggyBack.com, Inc., PrintPal, Inc. and PrintPal.com

- $19,450,000.00 USD in statutory damages (and counting)

Case Facts:

  Total number of spams sent: 1,986   CAN-SPAM Damages:TBA
  Number of days (776.2(c)): 425   15 O.S. 776.1 et sec: $19,450,000.00
  Number of days (776.7(c)): 353   Other Damages: 0.00
  Total distinct days: 778   Total Damages: $19,450,000.00

Quick Links:

  1. Petition The complaint that is pending filing in Oklahoma County District Court.
  2. Original Spam Message (in email form | in Text form)
  3. Other Spam Messages (1,801 and counting)
  4. Demand for Payment Sent January 25, 2005
  5. Other Evidence so far

Synopsis

Who hasn’t received a mountain of spam from PrintPal? I’ve been getting this worthless crap for as long as I remember. I’m just sorry I didn’t start saving it earlier. I would have a much bigger case against this Comish idiot. Not that $17 million is’t big enough.

The spam advertising PrintPal.com contains false and misleading information. Namely the following:
You are registered to receive free samples of products from Free2Sample.com. If you wish to cancel this service and be removed from mailings, please visit www.Free2Sample.com.
This is just one of hundreds of lame attempts to legitimize their spam. My favorite of course is the notice they started putting at the bottom of the spams recently:
PrintPal does not send out any emails nor do we have a list containing your email address. Our offer is being sent by a third party that has agreed to abide by all State and Federal email laws. Please use their opt-out link to be removed from receiving any email offers from this emailer. If you want to be added to PrintPal's suppression list and not receive PrintPal offers only Click Here or mail your requests to 910 Chevy Way, Medford OR 97504, Attn: Removal Dept. This will only stop you from receiving PrintPal offers.
Hmmmmm. a third party that has agreed to abide by all State and Federal email laws.... I cannot find ONE example spam out of the 1800+ spams I have that actually lives up to this bogus claim.

By sending (or causing to send) email that contains false, malicious, and misleading information, Michael C. Comish 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.

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 $16,925,000.00 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 PrintPal

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: InsiderzEdge [mailto:insiderzedge@lists.insiderzedge.com]
Sent: Friday, December 24, 2004 12:58 AM
To: gene@vintagewings.com
Subject: Last Minute Ink Holiday Special






PrintPal does not send out any emails nor do we have a list containing your email address. Our offer is being sent by a third party that has agreed to abide by all State and Federal email laws. Please use their opt-out link to be removed from receiving any email offers from this emailer. If you want to be added to PrintPal's suppression list and not receive PrintPal offers only Click Here or mail your requests to 910 Chevy Way, Medford OR 97504, Attn: Removal Dept. This will only stop you from receiving PrintPal offers.






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