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Alleged Spammer Being Prosecuted

A man from Auckland (New Zealand) along with his company may have to pay $700,000 in fine for allegedly dispatching text messages and spam mails counting to hundreds-of-thousands. Brendan Paul Battles along with Image Marketing Group Limited are facing charges about dispatching 44,824 text messages and 519,545 junk e-mails back in 2009.

Further, during December 2009, both defendants dispatched no less than 43 e-mails to online PCs situated in New Zealand. The e-mails were similar to a 519,545 group of e-mails that the defendants dispatched during December 14-15, 2009.

Astonishingly, the e-mails from Image Marketing Group represented commercial electronic mails having the same characters, promoting and advertising marketing data from Australia and New Zealand. Reports the Department that not only were the e-mails unsolicited but they also violated Section 9 of the Act.

Meanwhile, the case isn't unprecedented. During 2008, the Department effectively put 3 New Zealanders under prosecution because they allegedly belonged to a prominent global spam network that advertised pharmaceutical items like weight loss drugs and prescription medicines. Eventually, the Christchurch (New Zealand) High Court ordered brothers Shane and Lance Atkinson to each pay $100,000 and Ronald Smiths a total of $50,000. A US Federal Judge after a different action by FTC (Federal Trade Commission) ordered Lance Atkinson to pay USD15.15m.

Thereafter, during June 2010, according to a press statement from the Department, people were being warned of utilizing bought e-mail ids and that companies could be at risk if they promoted and advertised their services and products through electronic messages sent to such ids.

In the meantime, the anti-spam Compliance Unit of the Department has employed various enforcement actions within the purview of the Act like issuing notifications of civil breach, written authorized alerts, as also acknowledging implemental efforts from organizations and individuals who've utilized e-mail ids listed in databases that Image Marketing Group Ltd. sold.

Moreover, within the purview of Unsolicited Electronic Messages Act 2007, fines imposed can go up to $200,000 for individuals and $500,000 for organizations. Also, the Department, on February 10, 2011, floated a web-page which delineates its implemental proceedings as per the said Act.

Related article: Alleged Spam Mailer Fined $700,000

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