Spammers Fined Two Million

SANTA CLARA, Calif. – In the largest settlement in history against senders of spam email, a Santa Clara County Superior Court judge fined two spammers two million dollars in civil penalties for violating state laws that prohibit unsolicited commercial email, false advertising, and unfair business practices.

According to Attorney General Bill Lockyer's office, the point of the case was to send out a stern warning to email marketers that the state of California fully intends to enforce anti-spam laws to the maximum penalty in the future.

"We think other spammers will think twice about what they are doing,'' said a representative for Lockyer's office.

The company, PW Marketing based in Los Angeles, was first red-flagged by regulators last year as the originator of bulk emails advertising a book on how to be a spam email marketer. The book sold for $39 and was part of an aggressive and continuous email strategy, regulators said.

According to Lockyer's office, PW Marketing did not include valid contact information in the body of the emails so that recipients could unsubscribe, and were thereby in violation of a 1998 spam law that requires either a toll free number or valid contact information.

The law also requires email marketers to include the words "ADV" in the subject line, or "ADV:ADULT" for adult entertainment content.

After a prolonged investigation, PW Marketing was linked to defendants Paul Willis and Claudia Griffin. Lockyer's office pressed charges in September 2002.

The defendants did not make an appearance in court and prosecutors are not sure that the penalty will ever be received.

Judge William Martin also imposed business restrictions on the defendants.

According to prosecutors, because the charges against Willis and Griffin were civil, they will also be the subject of a Federal Trade Commission (FTC) suit.

Today's suit comes on the heels of last week's Senate-approved anti-spam bill that now faces the final stretch before it is enacted into law. That final process will include the drafting and approval of a similar bill in the House and then a signature from President George Bush.

The bill would direct the FTC to create a "do-not-spam" registry similar to the nationwide do-not-call list for telemarketers. It would enable consumers to opt-out of receiving future spam, and it would allow the FTC, state attorney generals, and Internet service providers to seek civil damages against spammers for $25 to $300 per email, and jail terms up to five years.

California also recently passed a statewide bill that goes in effect on Jan. 1. The law prohibits unsolicited email advertisements sent to or from any California email address, unless the recipient gives prior permission (under current law the recipient has to opt out), or has an existing business relationship with the sender. It also permits private individuals to sue spammers and collect actual damages, plus $1,000 per email and up to $1 million per incident.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

Brazilian Adult Industry Association ABIPEA Launches

Brazilian Association of the Adult Entertainment Industry and Professionals (ABIPEA) has officially launched its organization.

New Adult Social Media Platform 'Havven' Opens Beta Phase

Havven, a new adult social media platform, has opened its beta phase and will officially launch Oct. 5.

Former Backpage CEO Carl Ferrer Sentenced to 3 Years Probation, $40,000 Fine

Former Backpage.com CEO Carl Ferrer was sentenced in federal court today to three years' probation and a $40,000 restitution fine for a conspiracy conviction related to money laundering through the defunct website.

Pineapple Support to Launch 'Wellbeing by PS' Initiative

Pineapple Support has announced its Wellbeing by PS initiative, naming new team member Amber Madden to head the project.

Playboy Wins $81 Million Judgment in Chinese Licensing Arbitration

Playboy Inc. was awarded $81 million in damages on Monday by the Hong Kong International Arbitration Centre, in a licensing dispute with former partner New Handong Investment (Guangdong) Co. Ltd.

Show More