Yesmail Gets Restraining Order Against MAPS Blacklist

Yesmail.com, a Chicago-based permission marketer, won a temporary restraining order Thursday against Mail Abuse Prevention System LLC (MAPS) in the first legal challenge to the Redwood, CA-based group.

Issued by the Northern District Court of Illinois (Eastern Division), the order blocks MAPS from adding yesmail to its list of alleged spammers. It is good through Aug. 2. A hearing has been scheduled for July 18.

Several firms have found their Web sites shut down and their e-mails blocked after being listed on MAPS’ Realtime Blackhole List (RBL). The RBL, which lists more than 3,000 alleged spammers, is subscribed to by 20,000 Internet service providers, corporations, government agencies and individuals.

In a complaint filed on Thursday, yesmail alleged that MAPS had announced its intent to include yesmail on the RBL.

The complaint states that subscribers constantly “check in” with the RBL while carrying electronic communication, and that if an Internet Protocol (IP) address is listed on the RBL Internet Service providers will not carry the communications.

By threatening to do so and by publicizing the threat, MAPS would disrupt yesmail’s contractual relationships with its advertising business, the complaint states.

The complaint denies that yesmail is a spammer. Some consumers opt in by signing up to receive targeted messages; they receive an e-mail allowing them to cancel their membership. Others are signed up with a double opt-in in which they must respond to a second confirming e-mail.

Negotiations to prevent the RBL listing broke down over MAPS’ disapproval of yesmail’s verification procedures, according to the complaint.

MAPS, “in a classic display of over-zealousness, has unilaterally demanded that YesMail [sic] immediately commit to converting its entire system to the double opt-in protocol,” the complaint states.

Yesmail offered to consider switching to the double opt-in protocol, but explained that it would need time to study the business and technical implications of the switch.

MAPS “has gone overboard in its misdirected and over-zealous efforts” through the use of the RBL, the complaint states.

Yesmail has requested preliminary and permanent injunctions restraining MAPS from listing yesmail on its RBL. It also asks for compensatory and punitive damages and attorneys fees.

MAPS lists a page on its Web site (http://www.mailabuse.org) titled “how to sue MAPS,” hoping a legal case would establish that its tactics were legal. Yesmail is the first company to take up the challenge.

Attorneys for MAPS were unavailable for comment at deadline.

MAPS did win one victory this week–it forced the shutdown of an e-mail append service operated by Walter Karl, an infoUSA company under the Donnelley Marketing umbrella.

E-mail appends operate by guessing at likely email addresses — such as first initial, last name @ company.com — and sending test messages. Those that do not get returned are considered valid addresses, and are added to compiled databases.

“We are pleased with the outcome,” said MAPS RBL project manager Kelly Thompson.

“MAPS believes that [appending services] are fundamentally flawed. Unless consumers gave [e-mail address data] to you there is no reason for you to have it.”

According to Thompson, Walter Karl Interactive was receptive to MAPS concerns and stopped selling the service.

InfoUSA spokespeople were unavailable for comment at deadline.

Sources said other firms offering e-mail append services are also being closely watched by MAPS.