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.

Loading links....

Next Article in Marketing Strategy

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