Decision Postponed in MonsterHut vs. PaeTec Communications

Share this article:
A court ruling over whether PaeTec Communications Inc. can cancel its contract with MonsterHut has been postponed so the judge can review new evidence filed May 11.


PaeTec has been trying to void its contract with MonsterHut because it claims the Niagara Falls, NY-based firm is a spammer.


New York state Supreme Court Justice John Lane has postponed his decision until June 4 to give the court time to consider 97 new affidavits introduced in defense of PaeTec Communications, an Internet service provider. The new affidavits are in addition to 86 previously introduced into evidence.


In March, Lane issued a temporary restraining order in the case allowing MonsterHut, a distributor of permission-based e-mail, to continue sending bulk e-mail through PaeTec Communications.


The temporary restraining order prohibited Fairport, NY-based PaeTec from canceling MonsterHut's contract until May 21, when the case was to be decided.


MonsterHut denies being a spammer and said it sends e-mail only to its opt-in list. It would not say how large its list is or how many messages were sent that led to the spamming allegation.


"We are prepared to argue our case," said Todd Pelow, MonsterHut's CEO, "PaeTec is obviously not."


PaeTec, however, said it is confident it would win.


"PaeTec now has submitted sworn proof from 183 disinterested individuals who are from 39 states and four foreign countries," said Robert Kirchner, a partner at Bond, Schoeneck & King LLP, Syracuse, NY, PaeTec Communication's law firm.


"Each of these affidavits alleges that they have been spammed by MonsterHut," Kirchner said. "By contrast, MonsterHut's sole 'proof' that it had been solicited is its employees' hollow claims that they `could' submit proof that each individual opted in to receive e-mail even though they have not done so and even though MonsterHut refused to respond to PaeTec's outstanding discovery demands seeking, among other things, this very proof."


Share this article:
You must be a registered member of Direct Marketing News to post a comment.

Sign up to our newsletters

Follow us on Twitter @dmnews

Latest Jobs:

More in News

DMA 2014 Kicks Off Under New Management

DMA 2014 Kicks Off Under New Management

Thomas Benton and Jane Berzan will preside over an event indicative of an association serving a wider array of industry segments.

De Quinto Tapped as Coke's Next CMO

De Quinto Tapped as Coke's Next CMO

The president of the company's Iberia Business Unit will take over from Joe Tripodi upon his retirement in February.

Customer Centricity Is Spurring Marketing-Tech Investments

Customer Centricity Is Spurring Marketing-Tech Investments

A majority of marketers rank customer satisfaction improvements as paramount in the technology investment decisions.