California has won a $2 million settlement in its first anti-spam case. And its tough new opt-in law has not even taken effect.
PW Marketing and its owners, Paul Willis and Claudia Griffin, were slammed with the civil penalties on Friday by the Santa Clara County Superior Court.
According to the suit filed in September 2002, the firm sent millions of unsolicited e-mails promoting products that purportedly would help recipients make money through spam. Included were books, software and lists of e-mail addresses.
In addition to the fines, the firm and its owners are prohibited from:
*Sending unsolicited e-mails
*Disguising their identity
*Sending e-mails containing false or misleading information about the country or Internet mail server form which the mail is sent
*Accessing and using the computers and networks of people or businesses without their permission.
Lockyer’s office said it will use similar injunctive relief provisions in future cases.
PW’s owners are also banned from managing or holding any economic in any firm that advertises via the Internet without first notifying the attorney general’s office.
Attorney General Bill Lockyer said in a statement that the state would “continue to strongly enforce our anti-spam laws to protect Californians from this high-tech pollutant.”
Existing California law requires that mailers give consumers a chance to opt out. A new bill taking effect in January, SB 186, bans unsolicited e-mail, and allows spam recipients the private right of action.
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