Alleged Spam Suspects: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
![Click HERE
to return to
SUEaSpammer.com
[HOME PAGE]](http://sueaspammer.com/img/menu-suelogo.gif)
| Total alleged spams sent: | 8885 | Alleged 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
Allegedly SubscriberBASE, Inc. is an alleged company that, has been allegedly spamming through alleged affiliates or other alleged 3rd parties for years. Of course their COO, allegedly a Mr. Brian N. Benenhaley would allegedly disagree. Allegedly You see, IMHO, he’s a pompous, self righteous alleged attorney who allegedly thinks he’s smarter than everyone else. (At least that is the alleged impression I got when I allegedly spoke with him in November.) Allegedly, I could be dead wrong about this alleged guy. Allegedly, he's a super SUPER nice guy and I am just reading him all wrong. If so, my apologies to you Brian.Beginning around October 25, 2004, I become the alleged victim of an alleged dictionary attack and allegedly started receiving hundreds of alleged spams per day allegedly advertising ProductTestPanel.com, an alleged property of Benenhaley's alleged company, SubscriberBASE, Inc. This alleged site is an alleged scam that allegedly practices “Sugging”. The Marketing Research Association allegedly explains sugging here.
Back to my story... After allegedly less than a week of this alleged onslaught I allegedly decide to give ProductTestPanel.com’s alleged parent company a call, SubcriberBASE, Inc. allegedly in Columbia, SC.
Less than an hour later, however, their alleged Chief Operating Officer, Brian Benenhaley allegedly calls me allegedly objecting to me allegedly listing his company as an alleged “Legitimate Email Marketer” on the alleged OptOutByDomain.com web site. After allegedly arguing with me for awhile he seems to allegedly “get” the fact that I am allegedly not trying to put an end to his alleged spamming career, I am just trying to stop his alleged company or the alleged agents thereof from allegedly continuing their alleged dictionary attack. Here are the alleged email numbers from just ONE of his alleged affiliates allegedly over the course of just a few days:
IMPORTANT NOTICE, CLICK HERE:
Mr. Brian Benenhaley has denied any association with Robert Waggoner
Benenhaley’s Alleged Dictionary Attack Spammer:
|
His name is allegedly William Waggoner but he looks, to me anyway, more like Pee Wee Herman dying of aids
At the time of my alleged call with Mr. Benenhaley, I allegedly explained to him that I have received over 500 alleged spams advertising his alleged Internet properties JUST THAT DAY. After an alleged heated debate over whether or not the alleged members of OptOutByDomain.com really don’t want to receive spam he allegedly relents and promises to make sure all of the domains listed within the database at www.OptOutByDomain.com were put on his alleged suppression list. He even allegedly comments about how convenient he thinks it is for marketers who want to “do the alleged 'right thing'”.
This alleged “suppression list” is a list of alleged domains that are not to be solicited by his “affiliates”. During the call on November 1, 2004, Mr. Benenhaley allegedly told me that all I have to do to prevent further alleged 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 Alleged ProductTestPanel spams keep pouring in, in allegedly 'record' numbers.
Cease and Desist
Since it is allegedly New Years Eve 2004 and I am still getting alleged ProductTestPanel.com spam I shot off an alleged cease and desist letter to our alleged good buddy Brian. Maybe he will take the alleged hint that I do not want any more of his alleged junk emails.Hint Not Allegedly Taken
According to his alleged reply to my alleged Cease and Desist letter, it is allegedly ME that is refusing to allegedly cooperate. I allegedly just love how alleged spammers constantly turn the alleged tables and blame their own alleged actions on the alleged spam victim. It was allegedly Mr. Benenhaley who is not cooperating with his alleged original commitment to allegedly clean his lists of all of the alleged domains allegedly listed at www.OptOutByDomain.com. Allegedly, he said it would be convenient, he said that he would take action against any affiliates that didn’t abide by it. He allegedly continues to accuse me of allegedly making alleged threats against his alleged business and allegedly insulting him personally. Allegedly, I have done neither. I have alleged the allegations as they are. Nothing allegedly more, nothing allegedly less. Allegedly.He allegedly has the balls to claim that allegedly telling me he could allegedly honor the alleged request to remove all of alleged OptOutByDomains members was an alleged error
I think a better use of alleged cojones here would be to do what he allegedly said he would do to begin with.Take Action against your Allegedly Uncooperative Alleged Affiliates Like You Allegedly Said You Would
Here are some other alleged promises you made regarding the alleged database at OptOutByDomain.com Mr. Benenhaley:
- We will allegedly be checking it each month
- It is allegedly a great help to people that allegedly want to do things the alleged 'right way'
- We allegedly have no objection at all, allegedly appreciate you bringing it to our alleged attention. We are going to put allegedly these on our alleged “do not solicit list”
- We allegedly don’t have any alleged interest or alleged desire to send alleged mail to people who allegedly don’t want to receive it. Allegedly, of course.
Alleged Scam or not an Alleged Scam
Allegedly, most of the internet considers Mr. Benenhaley’s company’s activities an alleged 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, up to nearly 1,500 December 2007) Seems this perception is continuing. Nearly 2000 hits for the search ProductTestPanel spamHere’s a few of the gadgets he promises to give you for free just for completing a few “offers”
- An allegedly free Sony Vaio Notebook computer
- An allegedly free IBM Thinkpad Notebook computer
- An allegedly free 17" Apple iMac G5 Desktop computer
This is a direct quote from adzoox.com
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 alleged 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
 | |||
 |
 |
 | |
 |
 | ||
 | |||
 |
|||
