Comments on: Dating Affiliate Class Action Lawsuit

By: Tom Jones

Tom Jones — Thu, 07 Mar 2013 01:36:03 +0000

The lawsuit is about “misleading emails”? The emails are not misleading. You may not want the emails, but it’s very obvious what the emails are about, and thus not misleading. Just another lawyer looking to make a quick buck.

By: engabbas87

engabbas87 — Sat, 03 Nov 2012 17:49:29 +0000

What’s next? A newsletter being labeled “Newsletter” in the subject field? This is a slippery slope.
Good luck with it. Winning could have ramifications way beyond this particular case, with a precedence set for who is the ultimate responsible and beneficiary of Spam.

By: The King

The King — Thu, 25 Oct 2012 13:57:44 +0000

Dan Balsam…stfu….just because a website is a Christian or Black site doesn’t mean they didn’t sign up…maybe a white guy was looking for a black girl…or vice versa…for a lawyer that was a weak ass argument…sucks this is the only way you can make money…why don’t you use your lawyer “skills” and do something that actually helps california instead of clogging up the court systems with your nonsense.

By: DeeCee

DeeCee — Tue, 23 Oct 2012 22:47:01 +0000

Dan, I agree with you..
That is a typical excuse. The “after-the-fact” claim of “opt-in”.

The tons of spammers I catch, right now especially link-spammers trying to trick Google, are pure scammers. So are the Black-Hat tools they use to do it. The ScrapeBlogs, ScrapeBox, xRumer type tools, which by their design and extreme use of proxies to hide their identify cannot claim to be anything else.

Good luck with it. Winning could have ramifications way beyond this particular case, with a precedence set for who is the ultimate responsible and beneficiary of Spam.
DeeCee recently posted..UnlimitBot – Wants to make money on YOUR content (dofollow)

By: Dan Balsam

Dan Balsam — Tue, 23 Oct 2012 17:37:40 +0000

My clients and I are doing precisely what the California Legislature wanted us to do. We didn’t write the law. We’re merely exercising our statutory rights.

By: Dan Balsam

Dan Balsam — Tue, 23 Oct 2012 17:36:24 +0000

Y’know, spammers love to claim that I’ve deliberately opted in. The problem is, not ONE of them has ever been able to prove it. I’ve had spammers claim I opted in from an IP address in Washington when I was actually in Cambodia. I’ve had spammers produce opt-in records with wrong zip codes; if I really opted in, I would have done it correctly. My personal favorite is the time a spammer claimed I opted in literally at date & time when I was taking the Bar exam.

Besides, as noted, I’m not the plaintiff here. And my clients didn’t opt in either. As noted in the complaint, my clients WOULD not have opted into Christian or black dating websites, because they’re not Christian and not black.

By: Dan Balsam

Dan Balsam — Tue, 23 Oct 2012 17:33:19 +0000

Precisely. Nicely said. California law (and federal law too) expressly make advertisers liable, and when advertisers get sued, hopefully they\’ll crack down on their affiliates.

By: Dan Balsam

Dan Balsam — Tue, 23 Oct 2012 17:29:43 +0000

No… People just can’t advertise in false & deceptive spam, even if it’s sent by their affiliates. Unless they want to pay liquidated damages.

By: DeeCee

DeeCee — Sun, 21 Oct 2012 11:49:36 +0000

Aah.. Anyone that emotional about anti-spam measures must be a spammer in hiding.

Why would I unsubscribe? You don’t like opposing opinions?

If Dan (actually the plaintiffs represented) really did do opt-in, and then complained when receiving emails, there would be no case at all. Because if the emails arrived after an opt-in, laws would have been followed and the company could prove it. Case closed. Such is apparently not the case here.

I can guarantee you that the Email, Blog, and Link spam we catch and report is NOT arriving after any form of opt-in. They are entirely unsolicited, from people running such stupid tools as ScrapeBlogs and ScrapeBox, and promoting all kinds of affiliate products from vendors with strict anti-spammer policies.

I just a few hours ago reported another batch of such “promoters”. As they were all promoting links into a major site, which has strict anti-spam policies, I expect their accounts and web-pages to be down some time Monday morning.
DeeCee recently posted..UnlimitBot – Wants to make money on YOUR content (dofollow)

By: r

Sun, 21 Oct 2012 07:23:22 +0000

Deecee, you’re an idiot. cry me a river, hit unsubscribe, then run your mouth. What little do you know is DAN OPTS IN THEN SCREAMS SPAM. He settles for so cheap it makes no sense to fight him. You’re a moron.