Jury Declares Epic Advertising Innocent of Spam Charge

Epic Advertising, performance marketing firm, known as AzoogleAds formerly, was able to successfully defend itself against charges that it violated the 2003 CAN-SPAM Act. ADOTAS published this in news on May 21, 2008.

As per the news, ISP (Internet Service Provider) ASIS accused Epic of sending thousands of unwanted, misleading e-mails to consumers. However, Judge Joseph Spero, who is also the Magistrate of the US, found that Epic did not deliberately send those e-mails.

The judge understands that the messages were distributed through a partner company, Seamless Media, which had supposedly acquired the addresses from yet another party, which in turn, had got them from someone who was into the spamming business.

In a piece of writing, Spero explained that it was true that ASIS had presented significant indications that Azoogle during the period hardly did anything to examine the external vendors it contracted. But there was no recorded indication that could make a jury conclude that Azoogle in using the services of Seamless Media would ask third parties to distribute spam on the formers behalf, Spero wrote. OnlineMediaDaily published this in news on May 21, 2008.

Spero also said that ASIS lacked the proper grounds to sue AzoogleAds, as the alleged spam did not harm ASIS.

Meanwhile, according to Don Mathis, President of Epic Advertising, the optimum safety is in having the right measures of internal compliance buttoned up something that Epic started in 2005 and has since been improving on.

Mathis added that his company felt that conscientious operating and compliance practices counted very much. Had the company not focused its effort, time and money on its integrity assurance procedures to the level it did, surely the decision would not have been in its favor, Mathis concluded.

Meanwhile according to Epic's affiliates, the company was currently spending 4%-5% of its revenue on enforcement measures targeted at its associates.

Furthermore, in a different case, Epic in 2007 had settled to pay $1 Million following an investigation, under the Florida Attorney General, into whether advertisements offering non-paid ringtones tricked consumers into subscribing for the paid ones.

Related article: Jury Charges Texan Man for Online Child Porn

» SPAMfighter News - 6/2/2008