Man Quits Job to Make Living Suing E-Mail Spammers
- Posted on December 27, 2010 at 5:30am by
Scott Baker
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SAN FRANCISCO (AP) — Daniel Balsam hates spam. Most everybody does, of course. But he has acted on his hate as few have, going far beyond simply hitting the delete button. He sues them.
AP
Eight years ago, Balsam was working as a marketer when he received one too many e-mail pitches to enlarge his breasts.
Enraged, he launched a Web site called Danhatesspam.com, quit a career in marketing to go to law school and is making a decent living suing companies who flood his e-mail inboxes with offers of cheap drugs, free sex and unbelievable vacations.
“I feel like I’m doing a little bit of good cleaning up the Internet,” Balsam said.
From San Francisco Superior Court small claims court to the 9th U.S. Circuit Court of Appeals, Balsam, based in San Francisco, has filed many lawsuits, including dozens before he graduated law school in 2008, against e-mail marketers he says violate anti-spamming laws.
His many victories are mere rain drops in the ocean considering that Cisco Systems Inc. estimates that there are 200 billion spam messages circulating a day, accounting for 90 percent of all e-mail.
Still, Balsam settles enough lawsuits and collects enough from judgments to make a living. He has racked up well in excess of $1 million in court judgments and lawsuit settlements with companies accused of sending illegal spam.
His courtroom foes contend that Balsam is one of many sole practitioners unfairly exploiting anti-spam sentiments and laws. They accuse him of filing lawsuits against out-of-state companies that would rather pay a small settlement than expend the resources to fight the legal claims.
“He really seems to be trying to twist things for a buck,” said Bennet Kelley, a defense lawyer who has become Balsam’s arch nemesis over the years in the rough-and-tumble litigation niche that has sprung up around spam.
Kelley created a website with a similar name, Danhatespam.com, that was critical of Balsam’s tactics. Kelley let it expire.
“There is nothing wrong per se with being an anti-spam crusader,” said Kelley, who has sued Balsam twice for allegedly violating confidentiality terms in settlement agreements. “But Dan abuses the processes by using small claims court.
“A lot of people will settle with him to avoid the hassle,” Kelley said.
Balsam started small in 2002 in small claims court. By 2008, some of his cases were appearing before the 9th U.S. Circuit Court of Appeal and he was graduating from the University of California Hastings College of the Law.
“What started just as kicks turned into a hobby, which turned into a career,” Balsam said. “It’s what triggered me to go to law school.”
Balsam mostly sues companies he accuses of violating California’s anti-spam law.
Among other restrictions, the law prohibits companies from sending spam with headers that misleads the recipient into believing the e-mail is noncommercial or comes with offers of “free” products that aren’t true.
The law also requires a way for Internet consumers to “opt out” of receiving any more spam from a sender.
Balsam said he has more than 40 small claims victories and several more in higher courts, mostly alleging the receipt of misleading advertising.
In November, he won a $4,000 judgment against Various Inc., an “adult-oriented” social media company that controls AdultFriendFinder.com.
A judge sided with Balsam, who sued after he received four identical e-mails sent to four different accounts with the identical subject line “Hello my name is Rebecca, I love you.” It‘s the fourth time he’s beat Various in court.
The company is appealing the latest ruling and a hearing is scheduled for Jan. 5 in San Francisco Superior Court.
Balsam certainly isn’t the average Internet consumer.
When San Mateo Superior Court Judge Marie Weiner in March ordered Trancos Inc. to pay Balsam $7,000 for sending spam that recipients couldn’t stop, she noted that he has more than 100 e-mail addresses.
Balsam has filed lawsuits and got settlements and judgments from companies small and large.
He has sued the Stockton Asparagus Festival and embroiled himself in contentious litigation with Tagged.com, the country’s third largest social networking site. Balsam noted in his lawsuit that Time magazine dubbed it “the world’s most annoying Web site.”
Tagged.com shot back with a lawsuit of its own, accusing Balsam of threatening to violate terms of an earlier settlement by telling the company he was planning to post terms of the agreement on his website.
Balsam is fighting the lawsuit and a lawyer for Tagged.com didn’t return a phone call seeking comment.
Balsam has also been sued by Valueclick Inc. for allegedly breaching settlement agreements by exposing confidential terms, which he denies.
“Balsam, who in his anti-spam zeal frequently views matters in absolutes such that anyone who disagrees with him must be villainous,” lawyers for Valueclick Inc. stated in a 2007 lawsuit accusing Balsam of disclosing terms of a settlement.
The lawsuit was later dismissed in San Francisco Superior Court and Balsam declined to discuss the case other than to say it was “resolved.”
He said, generally speaking, those who sue him are “retaliating” for lawsuits he filed against them.
“I feel comfortable doing what I’m doing,” Balsam said of the lawsuits against him. “And I’m not going away.”
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Comments (42)
IntegrityFirst
Posted on December 28, 2010 at 1:42pmThe only reason spam still exists is because people actually click-through on the links and purchase this junk. If people stopped trying to enlarge their genitalia or get free meds from Canada, guess what would subside in a large way? Go ahead, guess… I dare you.
Report Post »In-God-I-trust
Posted on December 28, 2010 at 11:33amOnly in America can a spam sucking lazy lawyer, make a living on lazy internet sucking spammers. At least freedom reigns still somewhere around here.
Report Post »DavidMasada
Posted on December 27, 2010 at 10:14pmThe guy is a fraud, a waste of human flesh who should get a real job.
Report Post »DavidMasada
Posted on December 27, 2010 at 10:12pmThe guy is an idiot, he can’t even make it as an ambulance chaser so he sues spammer, wow, nice way to make a living. I wonder why noe one is suing those who stuff our real mail box with paper crap?
Report Post »ryguy1985
Posted on December 27, 2010 at 10:08pmHe should stop going to sites that offer that sort of thing!
Report Post »redneck hickabilly
Posted on December 27, 2010 at 9:26pmi like this guy being a dataphile i been online way to long and understand what span really does-
Report Post »it clogs up the systems spreads virus’s in mass
i am with him– next he should sue about third-party cookies that collect info
In-God-I-trust
Posted on December 28, 2010 at 11:36amTurn off your third party cookies in your preference folder! :0
Report Post »snowgrl
Posted on December 27, 2010 at 7:09pmHis lawsuits aren‘t frivolous contrary to many people’s beliefs. Spammers wouldn‘t waste time and resources if they weren’t making money doing it. Someone is buying their crap. And, when companies choose to use cheap yet illegal means of marketing, they take away business from companies who use legitimate forms of advertising. There are actually laws governing Telemarketing and Junk faxes as well (Telephone Consumer Protection Act).
You will always have people who claim that the person who received the spam/telemarketing call/junkfax can simply delete, not answer or hang up or throw the fax away but the fact is that you have companies who choose to skirt laws in order to promote their business. Those businesses deserve to be at the receiving end of a lawsuit regardless of whether the masses deem it frivolous or not. That way, they can waste their resources defending and get ouf of the way of the good businesses in this country.
Report Post »The Libertarian Atheist
Posted on December 27, 2010 at 3:27pmHe should start a service where people could retain him for 50% plus an up front 20 bucks or something like that. I bet he would make Millions on just the 20 bucks part.. then he could file class action suits in addition to small claims suits, and really cut the spammers off at the knees.
Report Post »GdHUs
Posted on December 27, 2010 at 3:22pmFinally, a lawyer you can root for. I hope he makes many millions and continues to be a thorn in their sides as they are in ours.
Report Post »PatriotDaze
Posted on December 27, 2010 at 2:59pmI thought tort reform was absolutely key to unshackling American exceptionalism in the marketplace??
Guess only so much more WEAK TEA
Report Post »Passerby
Posted on December 27, 2010 at 2:13pmA genuine American hero.
Report Post »Therealist1057
Posted on December 27, 2010 at 2:01pmSpam is annoying an all but I just don‘t think that it’s a very important subject. In a way he is just spamming the court system so that he can make money. This helps no one but himself.
Report Post »Mr. H.
Posted on December 27, 2010 at 1:58pmYes! Sue them out of business. Fortunately Web Email Filters work well these days, so my email address isn’t spammed into oblivion any more. I despise spam infinitely more than the lawyers that file frivolous suites. It’s really great someone is trying to shut it down. If all the spam went away the ISPs would be surprised at all the reserve bandwidth available in their server farms. More power to Daniel Balsam and his attack on spammers.
Report Post »TikeSissy
Posted on December 27, 2010 at 1:21pmHey, this is something we all can do…. good part time job.
Report Post »cwolf
Posted on December 27, 2010 at 12:37pmWell, although his efforts will literally do nothing to stop the flood of spam (since most of the time spammers use botnets and hacked servers to send their garbage), at least he’s found a method to make money taking down some of those scumbags. Smart guy.
Report Post »Billy de Cooper
Posted on December 27, 2010 at 11:38amI believe that the “Do Not Call” Program has gone awry as I get calls frequently. Would be great to have a “Do Not Spam” Program where you could report it have them put a stop to it. Even too many commercials on TV needs to be controlled. I pay over $100 per month for TV cable to see hundreds of commercials that are also most likely paying the cable companies. Simply don’t understand.
Report Post »BevK
Posted on December 27, 2010 at 11:24amHurrah for this man! I wish I could do the same! I get everything from bogas jobs, sex, singles (hot this or that kind of person), viagra…..you name it! Some have it rigged so if you try to hit the “this is spam” button, it closes down your Outlook. Very tired of deleting!
Report Post »Liberty_Forever
Posted on December 27, 2010 at 10:50amI’m actually torn on this story: On the one hand, I find it absolutely hilarious (”Take THAT viagra adds!”), however, on the other hand, I really despise the overuse or abuse of the court system for petty lawsuits.
Report Post »Eblaze44
Posted on December 27, 2010 at 9:57pm“petty” obviously, like beauty, being in the eye of the beholder.
Report Post »jburke4
Posted on December 27, 2010 at 10:49amI am no fan of lawyers or our sue happy culture, but this guy may very well be my new hero.
Report Post »Islesfordian
Posted on December 27, 2010 at 9:38amBaked beans are offf.
Report Post »Insipid
Posted on December 27, 2010 at 9:16amI hear they really like spam in the South Pacific
Report Post »WAR PIGS CRAWLING
Posted on December 27, 2010 at 9:01amYou mean the hot Russian girls don’t really want to talk to me….huh….who knew.
Report Post »rfycom
Posted on December 27, 2010 at 8:40amDelete key. I don’t like spam but I dislike lawyers even more.
Report Post »UlyssesP
Posted on December 27, 2010 at 10:28amAmen!
Report Post »YellowFin
Posted on December 27, 2010 at 12:10pmI hope he wins every case and that he gets very rich.
Report Post »Dale
Posted on December 27, 2010 at 12:43pmI dislike most attorneys, however I hate spam. I hope he is VERY successful.
Report Post »Rowgue
Posted on December 27, 2010 at 1:09pmThe simple workarounds like “just delete it” only work to a certain point. Sure if you‘ve got a brand new email address you woun’t get much if any spam. If you never do anything but exchange emails with your grandmother you won’t get much if any.
But if you‘ve got an email address that you’ve been using for ten years and it’s well established, you are likely getting hundreds of spam emails every day. “Delete button” just doesn‘t cut it when you’ve got 300+ spam emails to delete every day.
I only get spam very occasionally, but that’s only because I know and take proper steps to avoid becoming a target for spammers. Most people don’t know how to avoid becoming spam magnets, even most of the ones that claim to don’t.
Report Post »psykeskaos
Posted on December 27, 2010 at 8:40amI had spam that used my email address as a launch.. It had embedded in the recycle bin of my computer and it was horrifying. I probably lost a few contacts as a result. I have been thinking along the same lines as this guy. I had to shut my email down which was a royal pain in the A**.
Report Post »Good for him!!
TXPilot
Posted on December 27, 2010 at 8:09amKudos to this guy!!!… since I’m very tired of getting generic Viagra spams from Nigeria, in poorly worded Engish and having my wife make fun of me for it!!……arghhhhh!!!!
Report Post »RepubliCorp
Posted on December 27, 2010 at 8:33amI hope more will join him……
Report Post »Reagan/DeMint.deciple
Posted on December 27, 2010 at 8:50amI don’t know ,I get no spam at all… I have my options set to delete it as soon as it goes into the spam folder… never seen an “ enlarge my breast” ad or anything else.. It’s easy to do, more people should try it…
Report Post »BevK
Posted on December 27, 2010 at 11:22amHurrah for this man! I wish I could do the same. I get emails that close down my Outlook if I try to mark it as spam! I don’t know how they do it, but they refuse to be classified as SPAM! I get emails from bogas jobs, sex, singles, viagra, etc.
They keep me busy hitting delete!
Report Post »jbl8199
Posted on December 27, 2010 at 1:12pmSign me up!!!!!!! Heck, I’ll do it for free. Spammers are getting out of hand lately. I probably get at least 50-100 spam in my e-mail a day. I applaud this guy.
Report Post »TikeSissy
Posted on December 27, 2010 at 1:25pmGreat part time job, suing spammer’s, Thanks for the idea.
Report Post »Anonymous T. Irrelevant
Posted on December 27, 2010 at 4:38pmKick their butts!! Go after hackers and virus creators too!!
Report Post »spreadcommonsensenot pc
Posted on December 27, 2010 at 11:00pmGreeting from samoli, I stole many cealis tablets from the bad pirates who stole many tablets from a
Report Post »all man cruiseship, I dont understand your way how can you dodat? email me back and i will mail 900 day
supply for fifty-cent…..
YOOPER69
Posted on December 28, 2010 at 10:51amHe needs to sue the ones that steal other peoples e-mail addr. and send adds for canadian drugs and other junk. Two people on my e-mail list have had this happen to them. I get e-mail from them with “no subject” and have these adds in them not coming from my freinds at all . This is what needs to stop.
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