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Sick
and Tired of Spam? Tell it to the Judge!
On January 22, 2003, New York State Supreme Court Justice Lottie
E. Wilkins
barred a Niagra Falls company from sending commercial e-mails to
Internet subscribers without their permission.
The Judge issued a permanent injunction against MonsterHut Inc.,
after it had allegedly sent over 500 million unsolicited commercial
e-mails, and then told complaining recipients that they had requested
the spam.
The New York State Attorney General was flooded with complaints
from more than 750,000 consumers regarding the unwanted e-mail.
While MonsterHut.com tried to persuade the court that the e-mails
were not unsolicited, the judge was not convinced. She banned MonsterHut.com
from engaging in any more "fraudulent, deceptive and illegal
acts and practices" surrounding the e-mail advertising.
Law
Notes:
When a court hears a case, it may grant relief to the plaintiff
in a variety of ways. The court may grant a cash award to the plaintiff,
and order the defendant to pay the award. This type of relief is
also called "damages". But the court may also order the
defendant to stop engaging in certain activities. This type of relief
is also called "equitable relief". It typically comes
in the form of an "injunction". When a court "enjoins"
a defendant, it means that the court orders the defendant either
to perform a specific act or to stop engaging in a specific act.
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