EarthLink Wins $11M in Spam Lawsuit

Posted on September 14, 2006
Filed Under Web Host News |

Internet service provider EarthLink (earthlink.com) announced on Wednesday that a federal judge in Atlanta has awarded the company an $11 million judgment against Nevada Internet marketing company KSTM for sending millions of illegal mortgage related email advertisements.

“This judgment should be fair warning that if you spam, we will sue,” says Larry Slovensky, assistant general counsel for EarthLink.

EarthLink claimed in the lawsuit that KSTM used false and misleading header information in its emails promoting the Web site “lmlgdnhk.info”, which violates the CAN-SPAM Act. EarthLink also charged KSTM with breaking the federal Computer Fraud and Abuse Act, the Georgia Computer Systems Protection Act and state and federal racketeering laws.

Under penalty of contempt, KSTM is prohibited from engaging in such conduct as falsifying the “from” field in the email address, hiding the identity of the email sender, selling email addresses, and accessing or obtaining EarthLink accounts. Since 1996, EarthLink has sued hundreds of spammers and won more than $200 million in judgments, including two criminal convictions against spammers who received prison sentences for their offenses.

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