REDWOOD CITY, Calif., Oct. 31 -- Redwood City based Hypertouch, Inc. today became the first Internet Service Provider (ISP) in California to sue under the state’s tough anti-spamming statute, according to attorney John L. Fallat.
A class action lawsuit was filed in San Mateo County Superior Court this morning, alleging Southern California based Link It Software Corporation violated Business and Professions Code statute 17538.45 by sending Hypertouch and its customers unwanted and unsolicited electronic mail advertisments. The lawsuit also alleges trespassing and unfair business practices.
Link It Software also failed to use the letters "ADV" in the subject line as required by law, class action legal expert Fallat explained. The products and services advertised by the unsolicited e-mails include: software packages EZ Maintenance and Job Master, distributorships for said software packages, offers of consumer "bad Credit" file "replacement", and offers to provide bulk e-mail services.
"They just keep on pounding away at their victims with spam, sending it and sending it," says Hypertouch President and Founder Joe Wagner "I know of one address they sent 28 e-mails to in the past year -- sometimes two or three a week, sometimes even twice a day."
The lawsuit seeks $50 per violating e-mail, as provided under the statute, and unspecified other damages to be determined at trial.
Any money recovered by Hypertouch from the legal action will be donated to non-profit organizations that provide the homeless and unemployed with computer office skills training.
"It is not just a matter of deleting offending emails," Wagner. "The volume of spam emails is beginning to choke the Internet and slow down service provided by ISPs such as Hypertouch."
"Our goal in this suit is to punish unrepentant spammers," said Fallat, and "to send a message to other would-be spammers that they can expect Californians to deal harshly with those who thumb their noses at the law."
Anyone else who feels they have been harassed by spam email and wants to join the class action should go to http://legal.hypertouch.com or contact attorney John Fallat at 415-457-3773
Hypertouch, www.hypertouch.com, provides custom Internet services including remote monitoring, maintenance, backups and upgrades of computer systems around the world, and very personal hand-holding for those people and businesses new to the Internet. In addition Hypertouch is developing next generation haptic peripherals.
If you would like to contact someone about the suit, please send email to linkitsoftware-info@hypertouch.com. A copy will be forwarded to the lead attorney at the law firm.