State Sues Man Under Anti-Spam Law

Share this content:
The Washington attorney general's office has sued a Houston man under its anti-spam law on charges of sending unsolicited commercial e-mails to promote pornographic Web sites and the prescription drug Viagra.


Ernesto Haberli, who also went by Eduardo Warren, sent e-mails with deceptive subject lines and tried to conceal his identity in the header, in violation of the state's anti-spam statute, the attorney general's office said. The law prohibits sending deceptive unsolicited commercial e-mail to Washington residents.


According to the charges, the e-mails bore subject lines with headers such as "board meeting 3ish." The e-mails contained material marketing pornography and Viagra, the attorney general's office said.


Investigators are uncertain how many e-mails were sent but know that some went to faculty and students with University of Washington e-mail addresses, the attorney general's office said. The law applies only when the sender knows or has reason to know that the recipient lives in Washington.


The attorney general's office seeks $2,000 in civil penalties per violation for Haberli.


In September, a Washington state judge sided with the attorney general's office in its suit against an Oregon man under the anti-spam law. In a pre-trial summary judgment against Jason Heckel, who used e-mail to market his $40 booklet "How to Profit from the Internet," the judge ruled that subject lines such as "Did I get the right e-mail address?" and "For your review -- HANDS OFF!" violated the law.


The ruling led some direct marketers to worry that standard teaser copy used in direct mail could be threatened.


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