FTC Accuses Cleverlink of Spamming

SAN DIEGO, Calif. – Under the shield of the Can-Spam Act, affiliate program Cleverlink was suspended from spamming and ordered to return its “ill-gotten gains” by a federal judge this week as a result of more than 550,000 complaints.

The three principals of Cleverlink, Brian Muir, Jesse Goldberg and Caleb Wickman, were charged individually and as representatives of Real World Media LLC and Cleverlink Trading Company, the latter incorporated in Cyprus.

The Federal Trade Commission alleged that Cleverlink spammed thousands of people with a link to a “lonely housewives” site, not providing opt-out information and displaying sexually explicit material in the immediately viewable area of the email.

Muir also owns affiliate program AdultCash.

Reports that AdultCash’s assets were seized are untrue, Muir told XBiz. Further, the charges were not levied against AdultCash, nor was the lonely housewives site in question available to AdultCash affiliate partners. Muir also said he has read the complaint but has not yet been subpoenaed.

“Cleverlink's assets were preserved,” FTC attorney Steve Wornikoff clarified with XBiz. “Seizures of assets are common to criminal cases, but in this case Cleverlink’s assets are frozen; they cannot use them to conduct business.” Unlike a seizure, the assets, technically, are still within Cleverlink’s control.

In addition to the 550,000 reports generated by individuals and companies, Microsoft was also instrumental in bringing the case to the FTC’s attention. Microsoft operates several thousand “trap accounts,” Wernikoff said, that appear to be individual email addresses, but function as spam catchers.

Counsel representing Muir, his partners, and his companies met with U.S. District Court judge Amy St. Eve yesterday to discuss the temporary restraining order levied against Cleverlink. “They are allowing us to pay our expenses and affiliates with the other companies that have nothing to do with this,” Muir told XBiz. “So it's business as usual with Adultcash.com.”

The complaint was filed in U.S. District Court because a significant amount of business was conducted in Chicago, Wernikoff said. Because Cleverlink’s payment processor was based on the island of St. Kitts and due to the company’s foreign incorporation, he said that sometimes tracking companies to where they actually do business (in this case, San Diego) is difficult, so the complaint was filed where the investigation started.

“We weren't sending any emails ourselves,” Muir said. “We were buying the traffic and were not aware of the severity of the issue.”

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