Word: antispam
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...nothing more than "nominal" damages. All of Mumma's claims against Omega were dismissed by a federal trial court and a federal court of appeals. Those decisions were not based on mere technicalities, as suggested in the article, but on the fact that our clients fully complied with applicable antispam laws. TIME'S article has damaged the sterling reputation of our clients, a reputation that was built over 35 years by Gloria and Daniel Bohan through their commitment to their customers and partners to provide the most professional travel-related services in their industry. Much of the information about this...
TIME regrets characterizing Omega and its subsidiary as "spammers" without making it clear that "spammer" is merely an allegation by Mumma and that the company's e-mails had complied with federal antispam laws...
...very next day, a second e-deal arrived. This time Mumma threatened to sue Omega for $150,000 under antispam laws unless it agreed to settle for $6,250, an arbitrary amount that Mumma considered reasonable. Omega refused to pay, and before it removed Mumma from the Cruise.com mailing list, nine more e-deals landed in his box. Then things got ugly...
Mumma posted photos of the company's founders on his website and called them Cruise.com spammers." They sued Mumma in Virginia federal court for besmirching their reputations, and he countersued for violations under state and federal antispam laws. Much to Mumma's shock, the trial judge dismissed his suit, ruling that the e-deals weren't misleading enough to be spam. In November the U.S. court of appeals in Richmond agreed. But the founders' case survived, and as it heads for trial before the federal district in Virginia, Mumma faces the possibility of owing $3.8 million in damages for speaking...
Still, dramatic increases in spam reported by Ironport and other e-mail-- security firms show that antispam activists like Mumma are overmatched, and the law is not helping. Since Nevada adopted the nation's first antispam statute in 1997, 37 other states have provided the legal basis for dinging spammers that send misleading e-mails. But in 2003 the feds trumped most of those laws by enacting a statutory mouthful, the Controlling the Assault of Non- Solicited Pornography and Marketing...