Billy W. Williams of Kailua, Hawaii, allegedly sent hundreds of thousands of spam emails via a server in Dallas from at least January through December 2004 without identifying himself as the source or the transmissions as commercial advertising. The Texas suit is part of a national sweep against spam email in concert with the U.S. Federal Trade Commission and two other states, Florida and North Carolina.
"Texas consumers are fed up with this electronic litter flooding their personal and business computers, and I intend to use the law to put a stop to it," said Attorney General Abbott.
Williams' deluge of offerings included mortgage refinancing, prescription drugs, anti-spyware products for computers, vehicle extended warranties, online diplomas and numerous others. The Attorney General alleges Williams does not sell these products or services but has an affiliation with marketing firms in which he receives a commission for referring customers to the actual seller.
The Attorney General's lawsuit, brought under the state and federal anti-spam laws and the Texas Deceptive Trade Practices Act, alleges Williams further confuses consumers by taking extreme measures to hide his identity, omitting a postal address and allegedly forging email headers to conceal him as the source. He often sends messages through the computers of innocent third parties without permission, making it appear as though the third parties routed the messages. His emails are also designed so that the recipient has no way to request his or her name be removed from his email list.
The Attorney General has obtained evidence showing that from August through December 2004, Williams attempted the transmission of more than 37,000 emails from one innocent third party's server. Williams uses trick "subject lines" that sound personal to induce consumers into opening the emails. Subject lines typically refer to special order confirmations, personal account updates, invitations to visit, or the latest installment of popular television shows.
Because the Attorney General has reason to believe Williams knowingly violated state and federal laws limiting spam email, he faces the possibility of civil penalties of $750 for each violation of the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, known as CAN-SPAM.
Attorney General Abbott is also alleging violations of the Texas Electronic Mail and Solicitation Act, which allows for penalties of up to $10 per unlawful email or $25,000 per day. In addition, the suit invokes the Texas Deceptive Trade Practices Act, which authorizes penalties of up to $20,000 per violation.