EarthLink is suing two individuals for allegedly sending out fraudulent and deceptive commercial e-mails in U.S. District Court in Atlanta.
In litigation filed in U.S. District Court in Atlanta, EarthLink charged the defendants in all four lawsuits with violating the CAN- SPAM Act and various other state and federal statutes, including the federal Computer Fraud and Abuse Act, the Georgia Computer Systems Protection Act and state and federal racketeering laws, among others.
Earthlink is seeking injunctive relief that will prevent the defendants from illegally spamming any Internet user, regardless of the user’s ISP. The firm is also seeking unspecified damages.
In one case, the Internet Service provider is charging Gregory Lars Alsing d/b/a Parcelship.com, of Elk Grove, CA, and Impression Media, Inc., of Las Vegas, NV with sending hundreds of thousands of fraudulent e-mails in 2004 advertising cable descramblers that promised to let users watch unlimited pay-per-view cable programming without paying. Other e-mails allegedly promoted fraudulent college diplomas.
This lawsuit also charges the defendants with using text randomizers to insert long passages of gibberish in messages in attempts to evade EarthLink’s spam filters.
Steve Richter, Alsing’s lawyer, could not be reached for comment at deadline.
In another case, Earthlink is accusing Peter Moshou of Auburndale, FL and others with sending out hundreds of thousands of unsolicited commercial e-mails throughout 2004 and 2005 soliciting contact information by offering brokerage services for people interested in selling their timeshares.
Wharton Rivkind, Moshou’s attorney, could not be reached at deadline.
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