Friday, January 14, 2005

Texas Lawsuit Filed Under CAN-SPAM

Texas Attorney General Greg Abbott filed a lawsuit under the CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing) Act of 2003. Apparently, a very prolific spam operation has been working out of Texas. Ryan Samuel Pitylak, a University of Texas student, and another man from California are named in the complaint. Abbott is seeking restitution under three laws:
  • CAN-SPAM Act of 2003, a federal law which can carry penalties of $250 per violation, to a $2,000,000 maximum.
  • Texas Electronic Mail and Solicitation Act, a state law which can carry penalties of $10 per unlawful email message or $25,000 per day. (The operation has been in business since 2002.)
  • Texas Deceptive Trade Practices Act, a state law which can carry a penalty of up to $20,000 per violation.

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