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Old 04-24-2003, 02:51 PM   #1
B Sandwich
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Some fucker is trying to sue me for spamming...

I didnt spam this fool... but he is threatening small claims court if he doesnt receive $500 within 10 days

its about a pyramid scheme i was involved with, and I have emailed the dude who is at the #1 spot (I am at the #4 spot) and told him to take me off of this pyramid list...

anybody got any ideaon what I should do? I did not spam this guy, my name just happened to be on the list... this is my response to this guy


"Dear Mr. ******,

Today I received a letter from you regarding some Spam/UCE that you received. I did not send you this email. Yes, I am a part of this list, however, the only person on the list who should be punished is the person in the #1 spot, **** *****. I have not been actively involved in this program within the last 12 months. When I WAS involved, I posted messages to my friends who did not have a job, and also my friends on message boards. I NEVER ONCE sent any kind of Spam/UCE (solicited or unsolicited, opt-in or opt-out) to you, or to anyone else for that matter. I stopped my involvement in this program several months ago when the FTC contacted me and told me that being involved in this Pyramid Scheme was illegal, so I stopped my involvement. I tried my hardest to find out who was at the #1 spot so I could get my name off of this list and found it hard to get in touch with them. I sent an email but never got any response, so I figured my name was off of this list. The only reason I joined in the first place was because the website I saw said it was very legal and a very legit business. When I found out otherwise, I stopped my involvement. I did not send that spam/UCE email you received, so you will not be receiving $500 from me

Thank you,
*** ******"
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Old 04-24-2003, 02:57 PM   #2
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What did he want $500 for? For the "Pain & Suffering" he endured while hitting the delete button?
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Old 04-24-2003, 03:00 PM   #3
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Yeah... fuck it.
Tell him "I'll see you in court BEYATCH. Expect a countersuit for harrassment of my Shizzle."

Better yet, just have a lawyer write a "scary lawyer letter" telling him to fuck off. Works like a charm.
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Old 04-24-2003, 03:01 PM   #4
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Quote:
What did he want $500 for? For the "Pain & Suffering" he endured while hitting the delete button?
Hey! That is a very real and legitimate problem for some people.

It was even painful for me to write this reply.
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Old 04-24-2003, 03:03 PM   #5
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Hehe. You joined a pyramid scheme. I thought only high school kids fell for those things.
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Old 04-24-2003, 03:04 PM   #6
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It's a scam!!
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Old 04-24-2003, 03:05 PM   #7
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I want $ 500.00 because I had to read this thread...
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Old 04-24-2003, 03:07 PM   #8
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it sounds more like extortion to take $500 from you, a crime
in itself.

tell him to
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Old 04-24-2003, 03:09 PM   #9
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Its not extortion, a lot of states have laws saying you get X amount per illegal spam message you receive. He is an idiot and the response you wrote to him was way too long, it should have been 2 words: Fuck Off.
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Old 04-24-2003, 03:11 PM   #10
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I ones got a spam from a online video store... I replied: SHUT THE FUCK UP AND GIVE ME A FREE VID OR I'LL SUE YOU! And I got one
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Old 04-24-2003, 03:11 PM   #11
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I bet he emailed everyone on the list, to see who would fall for it
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Old 04-24-2003, 03:17 PM   #12
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tell him you are starting to get lots of cash in the mail from the email you sent and you dont mind sending him the money now, trust me he will start spamming and get shit then tell him suck dick.

Post his email here
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Old 04-24-2003, 03:18 PM   #13
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funny.
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Old 04-24-2003, 03:21 PM   #14
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the guy lives in maryland, these are the spam laws in maryland...


MARYLAND COMMERCIAL LAW CODE
TITLE 14. MISCELLANEOUS CONSUMER PROTECTION PROVISIONS
SUBTITLE 30. COMMERCIAL ELECTRONIC MAIL
(Enacted in 2002)



§ 14-3001.

(a) In this subtitle the following words have the meanings indicated.

(b) (1) "Commercial electronic mail" means electronic mail that advertises real property, goods, or services for sale or lease.


(2) "Commercial electronic mail" does not include electronic mail to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account.

(c) (1) "Interactive computer service provider" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer service.


(2) "Interactive computer service provider" includes a service or system that provides access to the internet and systems operated or services offered by a library or educational institution.



§ 14-3002.

(a) This section does not apply to an interactive computer service provider or a telecommunication utility to the extent that the interactive computer service provider or the telecommunication utility merely handles, retransmits, or carries a transmission of commercial electronic mail.

(b) A person may not initiate the transmission, conspire with another person to initiate the transmission, or assist in the transmission of commercial electronic mail that:


(1) is from a computer in the state or is sent to an electronic mail address that the sender knows or should have known is held by a resident of the state; and
(2) (i) uses a third party's internet domain name or electronic mail address without the permission of the third party;
(ii) contains false or misleading information about the origin or the transmission path of the commercial electronic mail; or
(iii) contains false or misleading information in the subject line that has the capacity, tendency, or effect of deceiving the recipient.

(c) a person is presumed to know that the intended recipient of commercial electronic mail is a resident of the state if the information is available on request from the registrant of the internet domain name contained in the recipient's electronic mail address.

(d) an interactive computer service provider:


(1) may block the receipt or transmission through its interactive computer service of commercial electronic mail that it reasonably believes is or will be sent in apparent violation of this section; and
(2) may not be held liable for an action under item (1) of this subsection that is voluntarily taken in good faith.



§ 14-3003.

A person who violates this subtitle is liable for reasonable attorney's fees and for damages:

(1) to the recipient of commercial electronic mail, in an amount equal to the greater of $500 or the recipient's actual damages;
(2) to the third party without whose permission the third party's internet domain name or electronic mail address was used, in an amount equal to the greater of $500 or the third party's actual damages; and
(3) to an interactive computer service provider, in an amount equal to the greater of $1,000 or the interactive computer service provider's actual damages.
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Old 04-24-2003, 03:25 PM   #15
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Now you know that this emails belongs to someone enought stupid to read spam messages.
The solution is quite obvious... sell it to a major spammer. If you think it, both you and the "spammed" stupid win. You win the $ the spammer will give you for his email, and he wins another possible $500.

The other solution is to send him about 10k mails with "Fuck you" text and ONE only mail with "Sorry I hit the send email button 10k times by mistake", so legally you will not be spamming him at all
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Old 04-24-2003, 03:33 PM   #16
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"(b) A person may not initiate the transmission, conspire with another person to initiate the transmission, or assist in the transmission of commercial electronic mail that: "

conspiring = what?


I asked this dude to take me off the pyramid list, and he did not

so was I really conspiring?


also, I did make some money with this program... and i paid nothing to get in... a spammer hooked me up
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Old 04-24-2003, 03:37 PM   #17
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Originally posted by EscortBiz
tell him you are starting to get lots of cash in the mail from the email you sent and you dont mind sending him the money now, trust me he will start spamming and get shit then tell him suck dick.

Post his email here
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Old 04-24-2003, 03:39 PM   #18
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i will post his email once I get a response from my previous one
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Old 04-24-2003, 03:40 PM   #19
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Originally posted by B Sandwich

hit me up on icq
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Old 04-24-2003, 03:46 PM   #20
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he sent you an email saying he was going to sue you? and you're considering paying him? what's your email addy?
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Old 04-24-2003, 03:49 PM   #21
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he sent me a real mail letter, very proffessionally done... i have not considered paying him, im just trying to find out the facts
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Old 04-24-2003, 05:32 PM   #22
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pyramid scheme.. did you actualy make any money from that? I always figured they were bullshit
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Old 04-24-2003, 06:09 PM   #23
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yes i did, in fact, i was still getting money in the mail 6-12 months after I stopped sending
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Old 04-25-2003, 02:54 PM   #24
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Mr. ******,

Thank you for your response.

MaryCLE, LLC is intrigued by the word "conspire" in the Maryland law.
MaryCLE believes that a Maryland court would find that a participant in a
pyramid scheme would be enough of a "conspiracy" to find in it's favor. To
conspire is "To join or act together; combine." Source: Webster's Revised
Unabridged Dictionary, © 1996, 1998 MICRA, Inc. Certainly, the e-mail was
sent in order to provide financial gain for you, the sender, and the other
three individuals on the list. You and the other four people mentioned are
"joined" in your participation in a program that you are aware employs UCE
as a means to attract business. The instructions also state that addresses
are to be moved up or down into the various spots on the list. That you name
is present suggests that your address was in "Spot #1" at some point,
further suggesting that you had some role in leading to the e-mail received
by MaryCLE, LLC.

Secondly, sending one e-mail to the individual in the "#1 Spot" seems
questionable as your best efforts to get in touch with that individual,
especially when his name and address is plainly apparent from e-mails such
as the one enclosed in my previous letter to you. Indeed, this individual is
difficult to get in touch with because he promotes a business that is
illegal in design and illegal in the means via which it is promoted.

Finally, these types of businesses are commonly known to be illegal, wholly
dishonest, or both. The adage "Ignorance is no excuse," comes to mind. That
you relied upon a website without considering the ramifications of your
actions or checking the various laws governing such programs before
participating does little to dissuade MaryCLE of your involvement.

You have every right to ignore the previous demand letter. However, if you
choose not to settle, MaryCLE has the right to bring suit along with it's
ISP to collect damages under the Maryland Code, Commercial Law, § 14-3002.
If you are found liable, your liability will likely not be less than $1,500.
I hope that you will reconsider your current stance.

MaryCLE will continue to hold open it's offer of $500 for full settlement.
However, in the interest of negotiation, MaryCLE will also promise to
absolve you of all further actions that specifically relate to this pyramid
scheme. That is, if MaryCLE receives further e-mails with your address in
the same general format relating to the same pyramid scheme, you will not be
liable to MaryCLE, LLC. If you choose to do this, you may follow the
instructions in the previous letter. For your convenience, I have enclosed a
copy of that letter for you again.

Please respond no later than May 7th, 2003. A hard copy of this e-mail has
been sent via postal mail to:

(my address)

Thank you for your prompt attention to this matter.

Regards,

Eric Menhart
MaryCLE, LLC
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Old 04-25-2003, 02:55 PM   #25
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my 2nd response:




Mr. *****,

I wanted no part in this program after I found out what it was all about.
Enclosed is the email I sent to the person at the number 1 spot, when I
decided to remove my involvement with the program. I received no more
letters from customers, so I assumed that my name had been officially
removed, which is why I felt no need for further action. Once this email
was sent, the statement that I was "joined" with these individuals becomes
null and void. So here is my current stance: not only did I not send this
email to you, but also did not conspire to send any emails to you. There is
no reason you should be coming after me because I am not the one who sent
you the email. Obviously I did all that I could to get off of this list,
and yet you are still threatening me. Please reconsider, and understand
that I officially wanted no part of this on january 22, 2003 at 2:15 pm,
when my email was sent.

You said, "Secondly, sending one e-mail to the individual in the "#1 Spot"
seems
questionable as your best efforts to get in touch with that individual,
especially when his name and address is plainly apparent from e-mails such
as the one enclosed in my previous letter to you. Indeed, this individual is
difficult to get in touch with because he promotes a business that is
illegal in design and illegal in the means via which it is promoted."

There is no way I could have seen the emails that the person in the "#1
Spot" was sending, unless he targetted me with his bulk emails. I was lucky
to even get his e-mail address, and the way I did that was to ask one of the
people what the person at the "#1 Spot"'s email was. I sent the email and
stopped receiving any kind of mail regarding this program until now.

Another possibility is that the person at the "#2 spot" had multiple people
sign up under him. That would mean that since I got no letters in the mail,
I would have no possible way of knowing that my name was still being passed
around the internet. Please understand that I am the victim here, and
committed no crime. The only reason that I even joined the program is to
help make extra money on the side for my family, because my father was
diagnosed with Lou Gherig's disease and I knew my family was soon to be left
with very little income when he passed away.

Please understand that I too am a human being, and deserve to be treated
like one. Like I said above, I had no involvement with the sending of this
email. You know who you should be going after. Now, go after him.

thank you

******* ***
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Old 04-25-2003, 02:59 PM   #26
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i hope they sue you,we'll have some interesting threads to read.
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Old 04-25-2003, 03:05 PM   #27
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Old 04-25-2003, 03:18 PM   #28
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can i sue him for sending me unsolicited mail? I did not ask for him to send me any mail!
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Old 04-25-2003, 03:20 PM   #29
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Those anti spammers are getting funnier everyday.
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Old 04-25-2003, 03:22 PM   #30
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pyramid scheme,, lol
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Old 04-25-2003, 03:27 PM   #31
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hey, it worked
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Old 04-25-2003, 03:32 PM   #32
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By your own admission, you were turned on to this pyramid scheme by a spammer... and yet you claim to not have known that there was anything illegal about it? Just suck it up and pay the $500 and have him shut up... live and learn. Or, let him sue you...
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Old 04-25-2003, 03:35 PM   #33
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sue him back.
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Old 04-25-2003, 03:35 PM   #34
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you better send him his money or you're going to jail.
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Old 04-25-2003, 03:35 PM   #35
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AmyWay strikes again



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Old 04-25-2003, 03:37 PM   #36
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Quote:
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By your own admission, you were turned on to this pyramid scheme by a spammer... and yet you claim to not have known that there was anything illegal about it? Just suck it up and pay the $500 and have him shut up... live and learn. Or, let him sue you...
its not the legality of the program itself thats what got me in trouble, its the fact that the schmuck in the #1 spot was sending bulk emails with my name on it, and getting me in toruble after I asked to be taken off
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Old 04-25-2003, 03:40 PM   #37
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Quote:
Originally posted by B Sandwich


its not the legality of the program itself thats what got me in trouble, its the fact that the schmuck in the #1 spot was sending bulk emails with my name on it, and getting me in toruble after I asked to be taken off
I beg to differ... had the practice not been illegal you wouldn't have been contacted to begin with. Also, did you really expect this other guy on the list to behave ethically and keep you and himself out of trouble?
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Old 04-25-2003, 03:40 PM   #38
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Some people do this for a living.
Ask him if he will settle for 100.00.

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Old 04-25-2003, 03:41 PM   #39
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If i had a nickel for everyone that threaten to sue me,, i'd be broke
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Old 04-25-2003, 03:44 PM   #40
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If i had a nickel for everyone that threaten to sue me,, i'd be broke
empty email threats or pro-style snail mail threats?
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Old 04-25-2003, 03:54 PM   #41
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If people are stupid enough to take part in a pyramid scheme, they might just be stupid enough to pay the $500
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Old 04-25-2003, 03:57 PM   #42
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fuck yeah, i beat it!

his response:

"Mr. ******,

Given your responses, MaryCLE has made the decision to drop its claim
against you for the present time.

Spam/UCE costs consumers and ISPs billions of dollars a year, while most
spammers go unpunished. UCE invades the privacy of consumers, and may expose
certain unsuspecting parts of the population to pornography, illegal
schemes, and more. I hope you can appreciate that MaryCLE and others have no
choice but to fight back via the resources avalable, including state laws.

I hope that you will also learn from this occasion, and be wary of programs
and offers that are questionably designed or "too good to be true." "Buyer
beware" is the mantra to adopt, especially on the Internet.

Yours,

******* ****
MaryCLE, LLC"
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Old 04-25-2003, 04:06 PM   #43
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damn that shut u all up real quick... where my props
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Old 04-25-2003, 04:24 PM   #44
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I seriously doubt he'll do shit.
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Old 04-25-2003, 05:56 PM   #45
B Sandwich
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Originally posted by SixNine
I seriously doubt he'll do shit.
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Old 04-25-2003, 06:18 PM   #46
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I had the samething happen

make all your froms his emial addy....
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Old 04-25-2003, 06:25 PM   #47
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Originally posted by gornyhuy
Yeah... fuck it.
Tell him "I'll see you in court BEYATCH. Expect a countersuit for harrassment of my Shizzle."

See how simple life can be!
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Old 04-25-2003, 06:47 PM   #48
B Sandwich
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ok here it is... mr anti-spammer's email

do your thing GFY

[email protected]


3


2


1


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Old 04-25-2003, 09:11 PM   #49
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Originally posted by B Sandwich
I didnt spam this fool... but he is threatening small claims court if he doesnt receive $500 within 10 days

its about a pyramid scheme i was involved with, and I have emailed the dude who is at the #1 spot (I am at the #4 spot) and told him to take me off of this pyramid list...

anybody got any ideaon what I should do? I did not spam this guy, my name just happened to be on the list... this is my response to this guy


"Dear Mr. ******,

Today I received a letter from you regarding some Spam/UCE that you received. I did not send you this email. Yes, I am a part of this list, however, the only person on the list who should be punished is the person in the #1 spot, **** *****. I have not been actively involved in this program within the last 12 months. When I WAS involved, I posted messages to my friends who did not have a job, and also my friends on message boards. I NEVER ONCE sent any kind of Spam/UCE (solicited or unsolicited, opt-in or opt-out) to you, or to anyone else for that matter. I stopped my involvement in this program several months ago when the FTC contacted me and told me that being involved in this Pyramid Scheme was illegal, so I stopped my involvement. I tried my hardest to find out who was at the #1 spot so I could get my name off of this list and found it hard to get in touch with them. I sent an email but never got any response, so I figured my name was off of this list. The only reason I joined in the first place was because the website I saw said it was very legal and a very legit business. When I found out otherwise, I stopped my involvement. I did not send that spam/UCE email you received, so you will not be receiving $500 from me

Thank you,
*** ******"
Tell him it wasn't spam you got his email addy from a porn site and you'll see him in court with his wife!
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Old 04-25-2003, 09:18 PM   #50
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you deserve to get sued just for pushing amway on the playgrounds..
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