Texas AG Files Spam Suit

Share this article:
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


Share this article:
close

Next Article in Digital Marketing

Follow us on Twitter @dmnews

Latest Jobs:

Featured Listings

More in Digital Marketing

Candidates Hook Into Twitter

Candidates Hook Into Twitter

A digital agency for politicians puts the power of presidential electioneering into the hands of Congressional campaigns.

China to Launch its Own Operating System

China to Launch its Own Operating System

A desktop version of the OS is set to begin competing with Apple, Google, and Microsoft in October.

Native Ads Unmasked!

Native Ads Unmasked!

A Google product engineer introduces a browser plug-in that outs native advertising.

Copyright © 2014 Haymarket Media, Inc. All Rights Reserved
This material may not be published, broadcast, rewritten or redistributed in any form without prior authorization.
Your use of this website constitutes acceptance of Haymarket Media's Privacy Policy and Terms & Conditions.