Texas AG Files Spam Suit

Share this content:
The Texas attorney general's office filed suit against two alleged spammers, the first state-level spam suit in Texas.


The lawsuit names Ryan Pitylak, a University of Texas student, and his Encinitas, CA-based business partner Mark Trotter. The defendants are accused of running a spamming operation that is ranked No. 4 on Spamhaus' list of the top spam operations worldwide.


Texas attorney general Greg Abbott announced the suits Thursday. They accuse Pitylak and Trotter of running companies called PayPerAction, Leadplex and Eastmark Technology that used deceptive unsolicited commercial e-mail to generate mortgage-refinancing leads they sold for up to $28 each. According to published reports, Pitylak, 22, lives in a house valued at $450,000.


The Texas legal complaint was filed under the CAN-SPAM Act and Texas' anti-spam law and anti-deception law. Under CAN-SPAM, the defendants could face up to $2 million in fines. Abbott said Pitylak and Trotter operated PayPerAction under more than 250 names since going into business in 2002.


The lawsuit alleges the defendants used misleading subject lines and did not include notice that the e-mails were ads.


Though often thought sidelined by the federal CAN-SPAM Act, states have started to press spam cases. Massachusetts' and Virginia's attorneys general have used state laws to prosecute spammers. AOL has pushed for the passage of anti-spam bills in Virginia, Ohio and Maryland that make fraudulent spam a felony. The CAN-SPAM Act overrides state anti-spam laws, but it allows for enforcement of state laws covering fraud.


Brian Morrissey covers online marketing and advertising, including e-mail marketing and paid search, for DM News and DMNews.com. To keep up with the latest developments in these areas, subscribe to our daily and weekly e-mail newsletters by visiting www.dmnews.com/newsletters


Loading links....
close

Next Article in Digital Marketing

Sign up to our newsletters

Company of the Week

We recently were named B2B Magazine's Direct Marketing Agency of the Year, and with good reason: We make real, measureable, positive change happen for our clients. A full-service agency founded in 1974, Bader Rutter expertly helps you get the right message to the right audience at the right time through the right channels. As we engage our clients' audiences along their journey, direct marketing (email, direct mail, phone, SMS) and behavioral marketing (SEM, retargeting, contextual) channels deliver information relevant to the needs of each stage. We are experts at implementing and leveraging marketing technologies such as CRM and marketing automation in order to synchronize sales and marketing communications. Our team of architects and activators plan, execute, measure and adjust in real time to ensure the strategy is working as needed and change things if it's not.

Find out more here »

DMN's Career Center

Check out hundreds of exciting professional opportunities available on DMN's Career Center.  
Explore careers in digital marketing, sales, eCommerce, marketing communications, IT, data strategies, and much more. And don't forget to update your resume so employers can contact you privately about job opportunities.

>>Click Here