SERIOUS Aweber Issue

by jonparker83 8 replies
So, over the last couple of weeks I've started building a list using a squeeze page I put together that uses the incentive of a free report.

I chose Aweber as the company to use as they are well known to be one of the best.

Today I receive an email from someone who signed up to my list with a specific throw-away email address they registered ONLY for the reason of downloading the report.

It turns out that after not disclosing their email address to anyone else, that they have received spam on that email address.

I thought it must have been an issue with the company they registered their email with (yahoo) but after a quick search, I found the following article on the Spamcop forum:

How do I sue an identifiable Texan spammer illegally using traceable email addresses? - SpamCop Discussion

It turns out that the email the person on my list received traces back to the SAME domain mentioned in the Spam cop forum post from much earlier this year!!!!

Anyone else had anything like this going on?

I'm now facing court proceedings (damages for £750) over a breach of the data protection act (which *I* haven't committed) and it sounds like Aweber may have some security issues that need to be sorted out QUICK!!!
#main internet marketing discussion forum #aweber #issue #serious
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  • Profile picture of the author KarlWarren
    It is possible to receive spam to a brand new email address which hasn't been used anywhere...

    Some spammers use random generators and blast out to millions of addresses using random @ something . com

    Unfortunately, there's nothing you can do about that.

    First thing to do is speak to Aweber, it is most likely not a problem at their end, but it's best to inform them of your issue and ask their advice.

    Secondly, where are you based? And which country is the complainant in? Presumably they are in the UK as you mention the DPA.

    Third, have you been approached by a lawyer? Or are you assuming that you are in breach of the DPA? Have you been told that you face damages, or have you read it on the forum?

    I would speak to a lawyer if I were you, just to find out what proof you need to come up with to show it wasn't you who breached DPA.

    Kindest regards,
    Karl.
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    • Profile picture of the author KarlWarren
      By the way...

      have you read the replies to the thread you linked to?

      It seems the complainant in that particular case was talked out of pursuing on the forum itself.
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    • Profile picture of the author jonparker83
      Hi Karl,

      I'm aware that it's possible to receive spam at a new email address but the coincidence to the Spamcop forum post it too much.

      It's not just another person receiving email to a new address - it's another address only used within an aweber list, receiving spam from the SAME person.

      I'm going to speak to Aweber but wanted to see if anyone on here had prior similar experiences.

      As for where I'm based, I'm currently living in Bali but my aweber account is registered to my home address in the UK.

      I've not been served any papers by a lawyer but I've been given notice by the claimant that smalls claims proceedings will be started in due course.

      I'm pretty sure there are a million ways to prove I'm not guilty of this but I'm just concerned if this is happening and we're all trusting Aweber with other people's personal data!
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      • Profile picture of the author pearsonbrown
        I don't understand why you are bringing Aweber into this.

        These spammers generate millions of spam emails and send them out to millions of email addresses they make up.

        They do it because, while many of these email addresses won't work, some will.

        Obviously if somebody sets up an account at yahoo, they are more likely to be spammed because it's such an obvious target for these spammers.

        It's unfortunate that this has happened in your case but I don't think Aweber have got anything to do with it. And that will help your defence to this ridiculous claim because if they did you would indeed be liable for this fine

        Pearson
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        • Profile picture of the author Steven Wagenheim
          Okay, let me see if I got this straight.

          Somebody else spammed this guy and they're suing YOU because of it
          because they claim YOU were the one who gave out their address?

          This is the biggest load of bull sh*t I've ever heard in my life.

          First of all, there is no way in hell they can prove you did this.

          As it was mentioned above, spammers sent out emails to all kinds of addresses
          hoping that they'll be good ones. I get emails to addresses that NOBODY
          knows about. It's ridiculous and so is this lawsuit.

          Don't sweat it because they don't have a chance in hell of winning it.
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      • Profile picture of the author KarlWarren
        Originally Posted by jonparker83 View Post

        I've not been served any papers by a lawyer but I've been given notice by the claimant that smalls claims proceedings will be started in due course.
        I'm not a lawyer, but the small claims court is mainly for:

        • compensation for faulty services provided, for example, by builders, dry cleaners, garages and so on
        • compensation for faulty goods, for example, televisions or washing machines which go wrong
        • disputes between landlords and tenants, for example, rent arrears or compensation for not doing repairs
        • wages owed or money in lieu of notice.

        See here for full details: Small claims

        I have a feeling that the claimant would have to prove some sort of financial loss in order to pursue a claim.

        I have a hunch that they are just trying to bully you into a settlement... if you can call or contact a CAB in the UK from where you are, I'd recommend doing so.
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        • Profile picture of the author jonparker83
          Hi again Guys

          I'm not really bothered about the legal side of this now as having had a thought about it, it's clear that I'm being bullied into settling before this goes to court.

          I don't understand why you are bringing Aweber into this.
          Because of the Spamcop thread I posted above. It's a very similar story but the email is coming from the SAME spammer.

          And the things is, that spammer assured the person investigating him that is isn't in fact a spammer, and had been using legitimate leads (either paid for or co-reg).

          This worries me and I thought it would worry other members here who put their business in the hands of Aweber

          Do you all just think it's a very strange coincidence then?
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          • Profile picture of the author Steven Wagenheim
            Originally Posted by jonparker83 View Post

            Hi again Guys

            I'm not really bothered about the legal side of this now as having had a thought about it, it's clear that I'm being bullied into settling before this goes to court.



            Because of the Spamcop thread I posted above. It's a very similar story but the email is coming from the SAME spammer.

            And the things is, that spammer assured the person investigating him that is isn't in fact a spammer, and had been using legitimate leads (either paid for or co-reg).

            This worries me and I thought it would worry other members here who put their business in the hands of Aweber

            Do you all just think it's a very strange coincidence then?

            Jon, a spammer isn't going to admit to being a spammer. Of course he's
            going to say what he said.

            Harvesting email addresses is as old as prostitution. (Okay, maybe not
            that old) Point is, that's what these guys do so yes, it's just a coincidence
            and you should just forget about it.

            Let the guy threaten all he wants and don't worry about Aweber.

            I'd just put the email where it belongs, in the trash.
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            • Profile picture of the author Martin Luxton
              Jon

              Usual disclaimer "I'm not a lawyer etc"

              As I see it, there are only two questions here

              1. Is the guy commiting extortion?

              2. Is the guy libelling you?

              If it's number 1 he's going to prison.
              If it's number 2 he's going to pay you a fortune in damages.

              Be polite but aggressive.

              The guy is trying to blackmail you, he's trying to ruin your good name, he's destroying your peace of mind.
              Apart from contacting the Fraud Squad, you are also going to sue all and any forums that allowed him to publish any allegations against you.

              Metropolitan Police Service - Reporting Crime

              (the link wasn't working a minute ago - probably because so many "spammers" are reporting the guy).

              Martin
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            • Profile picture of the author KarlWarren
              Jon,

              I think the person who wrote the thread on the spamcop site:

              aweber.com is letting spammers get hold of its stored email addresses. I know it's them; suddenly 14 email addresses (with names like myname.coolwebsitedomain[at]mydomain, stored by aweber)
              Is jumping to conclusions. He doesn't give any clear evidence about how he "knows."

              Bear in mind they have two posts, both of which relate the the same thread - one saying he's going to sue, one saying he's not and wishes he could.

              Also, if he was that concerned, why didn't he go to Aweber about it, and sue them?

              There are a number of possibilities:

              - Randomly generated emails
              - Complainant could have 'catchall' set on his emails, meaning all something @ hisdomain would come through
              - He's just talking crap
              - Plus others I haven't thought of
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