It's becoming commonplace: Internet service providers vs. Spammers in court.
This time the ISP is San Diego-based SimpleNet, Inc. and the spammers named in the suit includes VNZ Information and Entertainment Services as well as other small San Diego-based companies.
SimpleNet is taking the case to U.S. District Court to seek an injunction against unsolicited e-mail advertisements, otherwise known as spam, according to the company.
In addition, the company is seeking punitive and compensatory damages from the companies named in the suit for lost revenue and loss of reputation.
SimleNet claims that for more than four months, the defendants have illegally obtained mailing lists of SimpleNet customers' e-mail addresses and sent thousands of messages - as many as hundreds of messages per hour - promoting a book titled Meet, Attract and Date Gorgeous Women. The defendants utilized a variety of random user names, domains and IP addresses to avoid being detected, SimpleNet said.
Assuming SimpleNet condoned spam, other servers blocked the ISP's traffic.
SimpleNet's case follows on the heels of recent similar court action by a number of ISPs, including America Online, Inc.
According to SimpleNet, though, the difference is that because the case is being filed in California, a criminal investigation can be carried out under the California Data Access and Fraud Act.
"Criminal charges are being sought because the named defendants have orchestrated an intricate and highly deceptive plan to defraud SimpleNet and its customers," according to Allen R. Cocumelli, SimpleNet legal counsel. "In other SPAM cases, the accused defended their right to send these junk emails. Our complaint seeks cessation of, and punishment for, acts that were knowingly committed by a group who went to great lengths to avoid prosecution."
