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Talk about adding insult to injury. First Cruise.com, a/k/a Omega World Travel, and run by John Lawless, spams the bejeezus out of anti-spammer Mark Mumma of Oklahoma. Mumma asks Cruise.com to stop spamming him. No relief. He asks them again to stop spamming him. The spam keeps coming.
Eventually Mumma sends Cruise.com, Omega World Travel, and John Lawless a registered demand letter, indicating that Cruise.com has violated Federal and Oklahoma anti-spam statutes, and that he is prepared to file a lawsuit against Cruise.com for $150,000, but will settle for “a measly $6,250″.
He also features them, and their likeness and logo, on his SueASpammer.com website.
Omega World Travel/Cruise.com/Lawless send yet more spam. And, oh yes, a $3.8million lawsuit for defamation and trademark infringement.
Mumma is now in the process of filing a motion to dismiss, based on “the blatant lack of personal jurisdiction the US Court’s Eastern District of VA has over my company or me personally.” It’s unclear why Mumma believed that his Oklahoma court would have jurisdiction over Cruise.com, Omega World Travel, or John Lawless (all, what a surprise, Florida entities), but that a U.S. Federal court would not have jurisdiction over him. Of course, on both sides the actions giving rise to legal claims are Internet-based, so hey, all bets as to jurisdictional issues – or any issues – are off.
Anybody want to start a pool?