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  1. #1
    ABW Adviser Panel Dynamoo's Avatar
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    $27.4 Million Lawsuit Filed Against OptInRealBig
    A major lawsuit has been filed against one of ABW's least favourite people, Scott Richter of OptInRealBig, see this page for details

    Old-time ABWers will remember this thread from a couple of years ago which shone the torch onto how real affiliate marketers view OptInRealBig.

    For Immediate Release

    Roseville, CA (9/14/2006) - Roseville, California based Infinite Monkeys & Co., LLC has filed suit in California Superior Court against bulk e-mail advertising firm OptInRealBig.Com, LLC, headquartered in Westminster, Colorado, its principal shareholder, Scott Allen Richter, and four of OptInRealBig's alleged advertising customers, seeking monetary damages of $27.4 million dollars, as well as a permanent injunction prohibiting the defendants from using numerous different Internet domain names to send unlawful commercial e-mail advertisments.

    The complaint, filed in Santa Clara Country on Friday, alleges that the defendants and their agents violated California's Business and Professions Code Section 17529.5 which prohibits deceptive and misrepresentative e-mail advertising sent either to or from California. Also alleged in the complaint are trespass to chattel, violations of California's Business and Professions Code Section 17200 (unfair competition), and violations of California's Business and Professions Code Section 17500 (false advertising).

    OptInRealBig and self-described ``Spam King'' Richter, are no strangers to litigation. In addition to having been sued for its e-mail marketing practices in both Utah and California, the company was also previously sued by software giant Microsoft in Washington State, along with Richter personally, over their bulk e-mail advertising tactics. OptInRealBig was also the target of a separate lawsuit filed by New York Attorney General Elliot Spitzer which alleged ``violation of New York state law prohibiting deceptive business practices.'' (Both suits have now been settled.) OptInRealBig hasn't always been on the receiving end however. The company was the plaintiff in a suit it brought in 2004 against spam-blocking company SpamCop alleging interference by SpamCop with OptInRealBig's bulk e-mail advertising business.

    After being sued by the New York Attorney General for $20 million, and separately, by Microsoft for another $18.8 million OptInRealbig and Richter filed for bankruptcy, from which they have both since emerged, but only after agreeing to pay $7 million to Microsoft and agreeing to ongoing monitoring of their e-mailing practices.

    Also named as a defendant in Infinite Monkeys' suit is one of OptInRealBig's alleged advertising customers, St. Petersburg, Florida based National Associate Credit Services, Inc., which appears to have had its own previous run-ins with the Attorneys General of Illinois and North Carolina over its own marketing practices. According to the Florida Attorney General's web site, the company is also currently under investigation in its own home state of Florida.

    Infinite Monkeys has pledged that up to one quarter (25%) of the net proceeds of its suit against OptInRealBig will be used to reimburse both past and future targets of spammer-initiated meritless lawsuits for their defense legal fees and expenses.

    About the company:

    Infinite Monkeys & Co. LLC develops and licenses software tools and packages in a variety of categories, including automated software testing tools, network security scanning and validation, and e-mail message processing. The company also provides contract software development and consulting services. The company also supports activities which oppose illegal spam. Additional information about the company's products and services is available on the company's web site.

    Company contact information:

    Infinite Monkeys & Co. LLC
    1828 E. Roseville Pkwy., #1828
    Roseville, CA 95661
    Tel: +1 916 786 7945
    Fax: +1 916 786 5311
    Innovative advertising with Slimeware Corporation and Telephore. Mail-order fuel with Petrol Direct.

  2. #2
    AM Navigator Geno Prussakov's Avatar
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    Whew..... I bet, he's not having a good weekend now.

  3. #3
    ABW Adviser Panel Dynamoo's Avatar
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    Although I can never figure out where they get the $ value from, although I've long suspected the US legal system is basically a case of "sue [%RANDOM_VICTIM] for [%RANDOM_VALUE]".
    Innovative advertising with Slimeware Corporation and Telephore. Mail-order fuel with Petrol Direct.

  4. #4
    AM Navigator Geno Prussakov's Avatar
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    Quote Originally Posted by Dynamoo
    ...although I've long suspected the US legal system is basically a case of "sue [%RANDOM_VICTIM] for [%RANDOM_VALUE]".

  5. #5
    Merchant & ABW Ambassador
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    i think it is some lawyer who fell off his bed , hit his head on the $30k bed frame and came up with the $$ amount.

    Most likely Scott Allen will file for bankruptcy as he has already funneled his millions from spam activities to a swiss acct. Most likely he will come back as a diff name

  6. #6
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    Last time I heard of OptInRealBig it was on Shawn Collins Blog:
    "WESTMINSTER, CO -- April 5, 2006 -- OptinRealBig.com, LLC, an industry leader in online direct marketing today announced that the Federal Bankruptcy Court in Colorado entered an Order Dismissing the Bankruptcy of OptinRealBig.com, LLC and Scott Richter, and its continued record breaking sales and profits for the first quarter of 2006. Scott Richter, CEO of OptinRealBig.com, LLC (?Optin?) stated: ?Today, one year after we filed for bankruptcy, Optinrealbig.com has emerged from the bankruptcy process as..."

    I'm sure he's going to tell us why he still work with Missy Ward, Director of Marketing for CPA Empire, a division of Scott Richter's OptInRealBig.com.

  7. #7
    ABW Adviser Panel Dynamoo's Avatar
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    Missy Ward (now Missy Spaudling).. oh yes.. first Aluria Software, then OptInRealBig. Admittedly, OptInRealBig was a bad outfit BEFORE she joined, but many people hold her responsible for trashing the reputation of Aluria Software.

    Actually, Richter was listed on ROKSO for a long time before he cleaned up his act last year. It's kind of surprising to see a lawsuit after all this time, but there ya go. Richter always use to argue that it was affiliates doing the spamming, not him.. but then where did the affiliates get the email lists from?

    To be fair, Richter isn't the most evil guy in the world, and even amongst spammers he was pretty straight laced. Compared to Leo Kuvayev or Robert Soloway, Richter is pretty tame and he's an easy target because he's easy enough to find. Leo Kuvayev pushes child porn, phishing sites and money laundering.. Richter (from memory) pushed things like coffee makers and mortgages. I'd sooner see Kuvayev and Soloway in court than Richter.
    Last edited by Haiko de Poel, Jr.; October 24th, 2006 at 12:48 PM.
    Innovative advertising with Slimeware Corporation and Telephore. Mail-order fuel with Petrol Direct.

  8. #8
    Newbie TotalCallGroup's Avatar
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    Use to work with Scott Rickter before he was rich and infamous -- I was doing stock promotions in 1999 until the SEC started asking questions. I see he keeps getting himself into trouble.

  9. #9
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    Zeus, same thing I was thinking. How will Shawn spin this to make it bad for all affiliates. The only thing I know that is bad for all affiliates is Shawn Collins...

  10. #10
    ABW Ambassador MoneyBusiness's Avatar
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    Quote Originally Posted by Dynamoo
    Although I can never figure out where they get the $ value from, although I've long suspected the US legal system is basically a case of "sue [%RANDOM_VICTIM] for [%RANDOM_VALUE]".
    Crazy. I bet everyone here knows somebody who sued someone for good money. One of my father's co-workers has sued insurance companies a total of three times for three rear-end accidents (one was legitmate..but the other two..well..)

    Then there's that lady who tried to trick Wendy's fast food restaraunt for a severed finger in her chilli...glad she got her ass busted.

    It's a career path for some...and is pretty disgraceful...especially since the courts keep allowing it.

  11. #11
    Merchant & ABW Ambassador
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    Quote Originally Posted by MoneyBusiness
    Crazy. I bet everyone here knows somebody who sued someone for good money. One of my father's co-workers has sued insurance companies a total of three times for three rear-end accidents (one was legitmate..but the other two..well..)
    did the insurance Co settle?

    I know of somebody who sued but that was cos of a legit reason. breach of contract in a home sale deal but i think there are lots of people using the legal sys for the wrong reasons

  12. #12
    ABW Ambassador MoneyBusiness's Avatar
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    Quote Originally Posted by FairFieldGetaway-EricEwe
    did the insurance Co settle?

    I know of somebody who sued but that was cos of a legit reason. breach of contract in a home sale deal but i think there are lots of people using the legal sys for the wrong reasons
    Yeah, he made quite a few bucks from it to tell you the truth..

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