Hypertouch® Inc. v Discover Financial Services (SCC 101498 and SCC 101499)

More to be added as time--and events, merit...

In short, Discover pumps its credit cards using spam. Hypertouch asked them to stop. In response they stated that "DFS authorizes the use of the URLs" in the spam Hypertouch received and that DFS would continue to send such spam. And the spam continue despite multiple notices and warnings from Hypertouch. So we sued them, twice, in small claims court. Interesting side note: at trial, DFS introduces into evidence their contract with Leapfrog Online Customer Acquisition, LLC who owns/manages Novuslink.net which is apparently the portal used by Discover spam. They also entered into evidence Leapfrog's contract with Freeze.com. The DFS-Leapfrog contract shows that DFS pays a $60 bounty for each new customer signed up. DFS claims we are suing the wrong party and that we should be suing the end of food chain spammers. We won both times for the maximum allowed in California small claims, $5,000 each. Sometime after the deadline for appeals had passed, DFS files for appeal, under false pretenses. We go to court, again, for two trials de novo, and are awarded the maximums, again -- plus interest and sanctions for a "bad faith appeal." We have received a check (see below) for a portion of the judgements Discover Financial Services must now pay to Hypertouch; Hopefully a check for the remainder is on its way.
Look for more updates here as time, energy and events allow...

June 29, 2004: Discover has written a letter to the judge, appealing the awarding of sanctions for their "bad faith appeal." As in prior motions, DFS seems to be clearly attempting to mislead the Court.
July 6, 2004:We have submitted a response and are waiting for the judges decision.

info2004@hypertouch.com
(* We get an enormous amount of spam to this address. We usually don't miss real email, but try using "info-web" instead of just "info" in the email address and we'll look at it closer...)

Voice/Fax: (650)571-6664
359 Port Royal Ave
Foster City, CA 94404

NO UCE -- No Unsolicited Email: legal notices email policy
Hypertouch Inc. servers are located in the states of California and Maryland which have a number of laws prohibiting spam. The US CAN-SPAM Act prohibits the harvesting of email addresses, though not much else...