• ISP Wins $224 Million Default Judgment against Spammers
  • June 19, 2008
  • Law Firm: Winston & Strawn LLP - Chicago Office
  • The U.S. District Court for the Central District of California recently awarded MySpace, Inc. a default judgment of more than $224 million for violations of the CAN-SPAM Act and California's state anti-phishing law for spamming and phishing on the MySpace network. Defendants Wallace and Rines created accounts with MySpace and sent e-mails to MySpace members, many of which were designed to appear as though they had been sent by the recipients' friends. The e-mails also contained links to Web sites that featured extensive corporate advertising and adult material. The defendants failed to cooperate with discovery orders and the court issued a default judgment totaling more than $224 million, including attorney's fees. The Federal Trade Commission has also taken action against Rines related to his MySpace spamming activities.

    TIP: Take care in obtaining e-mail addresses because Internet Service Providers may be awarded considerable damages in private actions for violations of CAN-SPAM and state anti-phishing laws.