Decision Postponed in MonsterHut vs. PaeTec Communications

Share this content:
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."


close

Next Article in Marketing Strategy

Sign up to our newsletters

Company of the Week

Brightcove is the world's leading video platform. The most innovative and respected brands confidently rely on Brightcove to solve their most demanding communication challenges because of the unmatched performance and flexibility of our platform, our global scale and reliability, and our award-winning service. With thousands of customers and an industry-leading suite of cloud video products, Brightcove enables customers to drive compelling business results.

Find out more here »

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

Relive the 2017 Marketing Hall of Femme

Click the image above