Journalists Strut Anti-DM Bias

Posted on by Chief Marketer Staff

The most blatant recent example of the rampant media bias against direct marketing surely was the lopsided coverage given to the more than two-year-long legal battle between anti-spammer Mark Mumma and vacation marketer Omega World Travel.

You know the drill: All marketers are scumbag spammers until proven otherwise.

In January 2005, after Mumma received a half-dozen e-mails from Omega subsidiary Cruise.com, he sent a letter threatening to sue unless the company paid him an arbitrarily set $6,250. When Omega refused to pay, Mumma began smearing Cruise.com and Omega’s owners, Gloria and Daniel Bohan, by calling them spammers on his Web site.

In response, Omega sued Mumma for $3.8 million for defamation, among other things. Mumma then turned around and sued Omega under Oklahoma law and the federal Can Spam Act.

The Fourth Circuit Court of Appeals upheld a lower court’s summary judgment against Mumma, concurring that Can Spam pre-empted Mumma’s claims under Oklahoma law, and that inaccuracies in Cruise.com’s return-address information were too trivial to be considered in violation of federal law.

Examples of hack-job reporting in this case are legion. For example, when Omega sued Mumma for defamation, Ars Technica published a factually challenged opinion piece in March 2005 headed

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