Spam Suspects: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
![Click HERE
to return to
SUEaSpammer.com
[HOME PAGE]](http://sueaspammer.com/img/menu-suelogo.gif)
| Total number of spams sent: | 8885 | CAN-SPAM Damages: | TBA | ||
| Number of days (776.2(c)): | 170 | 15 O.S. 776.1 et sec: | $8,425,000.00 | ||
| Number of days (776.7(c)): | 167 | Other Damages: | 0.00 | ||
| Total distinct days: | 337 | Total Damages: | $8,425,000.00 |
Synopsis
SubscriberBASE, Inc. is a company that has been spamming through affiliates for years. Of course their COO, Mr. Brian N. Benenhaley would disagree. You see, in my opinion, he’s a pompous, self righteous attorney who thinks he’s smarter than everyone else. (At least that is the impression I got when I spoke with him in November.)Beginning around October 25, 2004, I become the victim of a dictionary attack and start receiving hundreds of spams per day advertising ProductTestPanel.com. This site is a scam that practices “Sugging”. The Marketing Research Association explains sugging here.
Back to my story... After less than a week of this onslaught I decide to give ProductTestPanel.com’s parent company a call, SubcriberBASE, Inc. in Columbia, SC.
Less than an hour later, however, their Chief Operating Officer, Brian Benenhaley calls me objecting to me listing his company as a “Legitimate Email Marketer” on the OptOutByDomain.com web site. After arguing with me for awhile he seems to “get” the fact that I am not trying to put an end to his spamming career, I am just trying to stop his company or the agents thereof from continuing their dictionary attack. Here are the email numbers from just ONE of his affiliates over the course of just a few days:
Benenhaley’s Dictionary Attack Spammer:
|
His name is William Waggoner but he looksAt the time of my call with Mr. Benenhaley, I explain to him that I have received over 500 spams advertising his site JUST THAT DAY. After a heated debate over whether or not the members of OptOutByDomain.com really don’t want to receive spam he relents and promised to make sure all of the domains listed within the database at www.OptOutByDomain.com were put on his suppression list. He even comments about how convenient the thinks it is for marketers who want to “do the right thing”.
This alleged “suppression list” is a list of domains that are not to be solicited by his “affiliates”. During the call on November 1, 2004, Mr. Benenhaley told me that all I have to do to prevent further spams from pouring in to my mail servers is to simply make the request. Since making my request known to him on November 1, 2004, the ProductTestPanel spams keep pouring in in record numbers.
Cease and Desist
Since it is New Years Eve 2004 and I am still getting ProductTestPanel.com spam I shot off a cease and desist letter to our good buddy Brian. Maybe he will take the hint that I do not want any more of his junk email.Hint Not Taken
According to his reply to my Cease and Desist letter, it is ME that is refusing to cooperate. I just love how spammers constantly turn the tables and blame their own actions on the victim. It was Mr. Benenhaley who is not cooperating with his original commitment to clean his lists of all of the domains listed at www.OptOutByDomain.com. He said it would be convenient, he said that he would take action against any affiliates that didn’t abide by it. He continues to accuse me of making threats against his business and insulting him personally. I have done neither. I have related the facts as they are. Nothing more, nothing less.He actually has the balls to claim that telling me he could honor the request to remove all of OptOutByDomains members was an error
I think a better use of cojones here would be to do what he said he would do to begin with.Take Action against your Uncooperative Affiliates Like You Said You Would
Here are some other promises you made regarding the database at OptOutByDomain.com Mr. Benenhaley:
- We will be checking it each month
- It is a great help to people that want to do things the right way
- We have no objection at all, appreciate you bringing it to our attention. We are going to put these on our “do not solicit list”
- We don’t have any interest or desire to send mail to people who don’t want to receive it
Scam or not a Scam
Basically most of the internet considers Mr. Benenhaley’s company’s activities a scam. Just take a look at this Google Search for “ProductTestPanel scam” There are numerous reports of people who have signed up with one of his sites to win something free. (over 500 scam reports as of December 2004) Here’s a few of the gadgets he promises to give you for free just for completing a few “offers”- A free Sony Vaio Notebook computer
- A free IBM Thinkpad Notebook computer
- A free 17" Apple iMac G5 Desktop computer
Brian Benenhaley claimed to me, in a phone conversation, and in a few email exchanges, that he was good friends with the South Carolina Attorney General. In fact, after conducting several interviews with the offices of my Attorney General, many people despise him as "loathsome". If you Google the name though, you come up with awards for Youth in Government, and of course, one of the most deceiving views of the Can Spam Act you'll ever read.
This "free iPod" will actually cost you 45% MORE than retail!
You'll have to participate [at minimum] in $361.05 of offers to get a $249 iPod Mini. The owner has stated that, yes but you also get the offers from the "participating programs" - one being Columbia House DVDs. This is the scam for 5 DVDs for a dollar. [cough cough with $7.99 each shipped] + a commitment to more DVDs for 2 more years at $17.99 - $39.99 a DVD (average) + $7.99 EACH shipping. Remember, the average DVD price at Walmart, Best Buy, and other electronics stores for $12.99-$19.99 + tax. In these DVD programs you are sent the "movie of the month" without consent and if you don't send it back you have to pay for it. And that's only 1/4 of the deals you must complete to get your "free iPod".
The owner also had the audacity to imply that I had actually signed up for this marketing program and that he was controlling how his "affiliates" distributed these email lists.
The purpose of the "promotion" is to acquire your email address. From the moment you try the program/promotion - you are considered HIGH PROFILE MARKETABLE - meaning - they know you respond to and read SPAM mail now, so you are instantaneously sold to dozens of lists.
§ 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:§ 776.4WebGuy Internet Solutions wishes to pursue a lawsuit for statutory damages in the amount of $8,425,000.00 as provided for by Oklahoma Statutes Title 15 Section 776.2(C) which states:
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.
§ 776.2The damages also include statutory damages as provided for by Oklahoma Statutes Title 15 Section 776.7(C) which states:
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.
§ 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.
The Spams Themselves
Other Evidence
-----Original Message-----
From: Just4You [caogeegnacnbbol@vfzvjjvbf.directvalue.net]
Sent: Tuesday, November 16, 2004 3:51 AM
To: gaalcomm@webguy.org [gaalcomm@webguy.org]
Subject: Need a Laptop? Get a Sony Vaio Laptop Free
 | |||
 |
 |
 | |
 |
 | ||
 | |||
 |
|||
