I've put these letters here as a guideline for others who want to sue spammers either in VA or in their own state. Trust me, winning is easier than collecting after a judgment, so if they will settle, it will be worth it.
VIA FACSIMILE, E-MAIL AND MAIL October 10, 2002 Mike Comish C/O PrintPal.com xxx xxxx xxxx Central Point, OR 97502 Mike Comish C/O Piggyback.com / PrintPal.com xx xxx xxxx Central Point, OR 97502 RE: Unsolicited Email [spam] Dear Mr. Comish: I have received and documented more than 58 unsolicited emails to my various email accounts from both companies acting as an agent of PrintPal and PrintPal itself. As you may or may not know, Virginia has anti-spam laws in place which allow individuals who receive unsolicited email in Virginia to sue any spammer in court, whether the individual or company who violates these laws are in Virginia or not. I am contacting you to give you a chance to settle with me out of court. The State of Virginia Code § 18.2-152.1-15 identifies the laws in which you have violated. It states in § 18.2-152.12B that I, as the injured person, can recover attorneys' fees and costs in addition to $10USD for each and every unsolicited bulk electronic mail message transmitted in violation of this article, or $25,000 per day. I am able to prove, at this time, 58 counts of unsolicited emails sent to my various email accounts, located in the State of Virginia, which identify the advertised company as PrintPal. I have all headers, dates and times of delivery, and additional proof through redirects from third parties that these 58 emails are from PrintPal or delivered via third party for PrintPal. I have not yet gone through the 5,752 spam emails I have in my database; such a review could increase the number of violations. Please send me a check or money order for $580 by October 21, 2002. If I do not receive a check for that exact amount by that date I will file a case against you in small claims court for the entire amount of money provided for in the Virginia Code. If I do receive a check or money order for $580 by October 21, 2002, I release any claim I may have against PrintPal through October 21, 2002. Any unsolicited emails from PrintPal after that date will be considered new violations not covered under this letter. I urge you to settle this claim before it goes to court, as I may need to retain an attorney to assist me in this lawsuit, which could increase the damages far beyond $580. Sincerely, Peter Beckman [ my address ] Virginia State Code: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.1 CC via e-mail: info@printpal.com, matt@printpal.com, mark@printpal.com, printpalhelp@aol.com, support@printpal.com, mike@piggyback.com CC via fax: 541-282-8478
VIA FACSIMILE AND MAIL October 22, 2002 Lee A. Mills C/O Brophy Mills Schmor et al xxx xxxx xxxx xxxxxx xxxxx xx Medford, OR 97501 RE: Unsolicited Email [spam] Dear Mr. Mills: As the registered agent for Piggyback.com, Inc., I am sending this settlement request to you. I have received and documented more than 58 unsolicited emails to my various email accounts from both companies acting as an agent of PrintPal and PrintPal itself. PrintPal is owned by Piggyback.com, Inc. As you may or may not know, Virginia has anti-spam laws in place which allow individuals who receive unsolicited email in Virginia to sue any spammer in court, whether the individual or company who violates these laws are in Virginia or not. I am contacting you to give you a chance to settle with me out of court. The State of Virginia Code § 18.2-152.1-15 identifies the laws in which you have violated. It states in § 18.2-152.12B that I, as the injured person, can recover attorneys' fees and costs in addition to $10USD for each and every unsolicited bulk electronic mail message transmitted in violation of this article, or $25,000 per day. I am able to prove, at this time, 58 counts of unsolicited emails sent to my various email accounts, located in the State of Virginia, which identify the advertised company as PrintPal. I have all headers, dates and times of delivery, and additional proof through redirects from third parties that these 58 emails are from PrintPal or delivered via third party for PrintPal. I have not yet gone through the 5,752 spam emails I have in my database; such a review could increase the number of violations. Please send me a check or money order for $580 by October 25, 2002, 12:00pm EDT. If I do not receive a check for that exact amount by that date I will file a case against Piggyback.com, Inc. in the Fairfax County General District Court for the entire amount provided for in the Virginia Code. If I do receive a check or money order for $580 by October 25, 2002, 12:00pm EDT, I release any claim I may have against PrintPal through that date. I urge you to settle this claim before it goes to court, as I will be retaining an attorney to advise me in this lawsuit, as well as incurring court fees, which could increase the damages far beyond $580. Sincerely, Peter Beckman [my address] Virginia State Code: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.1eendpage();