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Lawyer interested in a class action??



Jenny3kids@msn.net
3/10/2004 6:59:13 AM


Hi,
Our company emails have been black listed by a fairly large ISP.
We have never spammed anyone, we don't even bulk mail our customers
with special offers or anything, so there can be no valid reason for
being black listed.
We are having terrible difficulty getting this arrogant SOB ISP
company to remove us from their list. They do not appear to have a
contact phone number to try and get a human to intervene. All we can
do is fill in tech-support request forms on their website.
This discovery came about when one of our good customers emailed as
regarding fitting one of our products to their motorcycle. This could
have potentially dangerous consequences if the item is not fitted
correctly. When we replied the email bounced.
After a couple of tries we finally called the customer explaining the
email issue. We then filled in a tech-supprt request form with the ISP
in question saying we were having mail returned. They sent us a
form-email stating we need to ask to be removed from their black list.
This is spam control gone mad.
We have several customers with this same ISP so all email
communication is now halted with them if they too should need some
assistance with our products.
This sounds like a gold mine for a class action as I am really pissed
off about this. Why should we have to jump through hoops to get our
name off their list when we have done nothing to get on the list in
the first place.
That goes without mentioning that we were put on their list with no
warning to us, no notification that we had been put on the list, and
no request for information as to why we should be black listed. They
just stomped on our rights to contact our customers.
How we may have got on the list is a mystery to us. I have two
theories, one is we were spoofed by a spammer and the other involves a
bogus complaint to the ISP from one of our competitors.
Either way before adding to a black list I thought the Constitution
guaranteed us fair play and facing our accusers. This was done by
stealth and God only knows how many more black list we (or anyone
else) might be on in the future as a result of someone's whim.
Anyone interested???
--
Kind regards,
Jenny and her tribe of survivors.
 
 
hgoldste@mpcs.com (Howard Goldstein)
3/10/2004 2:06:21 PM


On Wed, 10 Mar 2004 06:59:13 -0700, Jenny3kids@msn.net <Jenny3kids@msn.net> wrote:
: This sounds like a gold mine for a class action as I am really pissed
: off about this.
If we're not discussing your gold then it's not clear how your piss
offedness can be mined.
: How we may have got on the list is a mystery to us.
What's the IP?
: Anyone interested???
Yes, for the defense if it's in Florida (fingers crossed). Sorry.
 
 
"McGyver"
3/10/2004 10:45:18 AM




<Jenny3kids@msn.net> wrote in message
news:fk6u401499igm72dpqlgr6pnv44tuip118@4ax.com...

Our company emails have been black listed by a fairly large ISP.
We have never spammed anyone, we don't even bulk mail our customers
with special offers or anything, so there can be no valid reason for
being black listed.
We are having terrible difficulty getting this arrogant SOB ISP
company to remove us from their list. They do not appear to have a
contact phone number to try and get a human to intervene. All we can
do is fill in tech-support request forms on their website.
This discovery came about when one of our good customers emailed as
regarding fitting one of our products to their motorcycle. This could
have potentially dangerous consequences if the item is not fitted
correctly. When we replied the email bounced.
After a couple of tries we finally called the customer explaining the
email issue. We then filled in a tech-supprt request form with the ISP
in question saying we were having mail returned. They sent us a
form-email stating we need to ask to be removed from their black list.
This is spam control gone mad.
We have several customers with this same ISP so all email
communication is now halted with them if they too should need some
assistance with our products.
This sounds like a gold mine for a class action as I am really pissed
off about this. Why should we have to jump through hoops to get our
name off their list when we have done nothing to get on the list in
the first place.
That goes without mentioning that we were put on their list with no
warning to us, no notification that we had been put on the list, and
no request for information as to why we should be black listed. They
just stomped on our rights to contact our customers.
How we may have got on the list is a mystery to us. I have two
theories, one is we were spoofed by a spammer and the other involves a
bogus complaint to the ISP from one of our competitors.
Either way before adding to a black list I thought the Constitution
guaranteed us fair play and facing our accusers. This was done by
stealth and God only knows how many more black list we (or anyone
else) might be on in the future as a result of someone's whim.
Anyone interested???
The constitution requires that the government not take your life, freedom or
property without due process. That includes the right to confront your
accusers and the right to a fair hearing. The ISP is not the government.
Therefore the constitution says nothing about how the ISP must treat you in
this context. They have the right to do whatever their contract with their
customers allows. If that contract allows them to block incoming e-mail
without good reason, then they can. You used the term Blacklisted. If the
ISP is doing that, by informing other ISP's about an accusation that you are
a spammer, then let us know, and we'll go from negative to positive. But so
far, you haven't pointed out any action by the ISP that they don't have the
right to do.
Your best reaction is to inform your customers having that ISP that you
won't be able to communicate with them by e-mail, and that if you receive an
e-mail from them you will reply via USPS mail. If enough of them get cross
with their ISP because they don't get your e-mail, their complaints to the
ISP might influence them to change their policy.
McGyver
 
 
"Tish Wolfe"
3/10/2004 11:10:46 PM


Gee, you don't say whether you have actually asked the ISP to remove you
from the spam blacklist. You might try this before you try to whip up a
class action suit.
 
 
Jenny3kids@msn.net
3/10/2004 5:30:03 PM


On Wed, 10 Mar 2004 23:10:46 GMT, "Tish Wolfe" <tishwolfe@hotmail.com>
wrote:
Gee, you don't say whether you have actually asked the ISP to remove you
from the spam blacklist. You might try this before you try to whip up a
class action suit.
Gee Tish, a touch of civility never goes astray. But then I guess I am
in the lawyers lair. <sigh> Perhaps you missed this part of the
original...
We have now made 7 different attempts and nothing is happening. They
just keep sending the same form message. Based on that I'd say we have
certainly tried to have the dispticks remove us from their list.
--
Kind regards,
Jenny and her tribe of survivors.
 
 
Jenny3kids@msn.net
3/10/2004 5:50:40 PM


On Wed, 10 Mar 2004 10:45:18 -0800, "McGyver" <Greyprof@msn.com>
wrote:
Thanks McGyver,
The constitution requires that the government not take your life, freedom or
OK, so I am way off base with that. <g> Byt now you can propably tell
I am not a lawyer.
Here's the repeated response we get to both our complaint and the
request to be removed...
Thank you for your message concerning our High-Speed Internet
 
 
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