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

Arizona Senate Removes 'Catch-22' Provision From Consent Bill

The Arizona State Senate has amended a bill that would impose new requirements for adult content uploaded online, removing a seemingly contradictory provision that could have effectively made it impossible for adult sites to operate in the state.

Climaxx Media Launches Networking Platform

Climaxx Media has officially launched its new networking platform.

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ as a criterion in their supervision of financial institutions.

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

Pineapple Support, SextPanther to Host Stress Management Support Group

Pineapple Support and SextPanther are hosting a free online support group focused on stress management for performers.

Show More