Email Marketer Wins Restraining Order

SAN BRUNO, Calif. – A Northern California District Court judge issued a restraining order to OptinRealBig.com owner and email marketer Scott Richter this week as part of a lawsuit against anti-spam company SpamCop and founder Julian Haight.

The judge's decision to hand down a temporary restraining order is part of an ongoing feud between two companies at absolute ends of the email spam spectrum: one that makes a living sending out floods of unsolicited email marketing material, and another that makes money combating those floods of annoying spam.

Richter's case against SpamCop and parent company IronPort began last month when the email marketer became fed up with SpamCop's persistent interference with his marketing contracts and business tactics. Richter claimed that SpamCop defamed his company and damaged potential future earnings.

SpamCop is a web-based service that reports incidents of so-called spamming to Internet service providers. SpamCop analyzes the headers of email spam samples sent by computer users, deletes the email addresses of those who file the complaints, and then sends emails to the abuse desks of all ISPs tracked in the header information.

SpamCop eventually pressures ISPs to terminate their relationships with certain spammers that continuously get identified by the system. However, Richter claims his service provides an opt-in option for email recipients and that his company has been wrongly accused of being a spammer.

According to an attorney close to the case, SpamCop has been filing reports against OptInRealBig since 2003.

The judge's ruling ordered SpamCop to stop reporting complaints about OptinRealBig.com to ISPs. The order will last until May 20 after which time the two companies will meet again in a courtroom to settle the landmark lawsuit that some analysts are saying could set a precedent for future lawsuits between email marketers and anti-spam security companies.

Richter, nicknamed the Spam King, originally filed a preliminary and permanent injunction against SpamCop for making what he claims were slanderous or libelous statements about OptinRealBig.com. Richter is also seeking $150,000 in damages.

In the meantime, Richter is the subject of a $20 million spam lawsuit filed in December 2003 by Microsoft and the New York Attorney General for allegedly sending more than 250,000 million spam emails. Microsoft and AG Eliot Spitzer are accusing Richter and his company of being part of a conspiracy to hijack computers and use them to send billions of illegal and deceptive spam messages.

Microsoft and Spitzer also have pending lawsuits against six other alleged spam companies, among them Delta7 Communications, Boxplay5.com, Webmed-RX.com, Safemed-RX.com, Teslianet, and Nutriworx.

None of the lawsuits filed by Microsoft and Spitzer are tied to anti-spam law Can-Spam and instead are filed under existing anti-fraud statutes.

Copyright © 2026 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

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

'InMelanin' Relaunches Through PAYSITE

InMelanin.com has officially relaunched through PAYSITE.

Pearl Industry Network Partners With Takedown Piracy

Industry trade group Pearl Industry Network (PiN) has officially partnered with Takedown Piracy.

Hollywood Reporter Spotlights XBIZ Miami in Feature on Fan Platforms

Last month's XBIZ conference serves as the setting for a new Hollywood Reporter feature examining the competitive fan platform market.

F2F, Image Angel Launch 'Forensic Watermarking' for Traceability

Friends2Follow (F2F) and Image Angel have partnered to launch a new traceability solution to combat unauthorized content sharing with the use of forensic watermarks.

Show More