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Spam Under Fire in California Court. 2005-05-03, HostMan.biz A California-based operation that allegedly flooded US Internet users with illegal email ads could be shut down Tuesday, providing a federal court honors a request made by Attorney General Bill Lockyer. US District Court Judge Samuel Conti will be asked to issue a temporary restraining order in a 13-count lawsuit filed against the spammers by Lockyer and the Federal Trade Commission. The restraining order could halt the defendants’ operation, freeze their assets and force them to relinquish all computer records related to their operations. The accused are Rick Yang and Peoni Pui Ting Chen, both of Los Angeles, who conducted business as Optin Global, and Vision Media Limited. A ruling on the TRO request could arrive Tuesday. Lockyer and the FTC claim both men violated various provisions of the CAN-SPAM Act, as well as federal and state laws that disallow commercial emails to contain false or deceptive information. Lockyer and the FTC are seeking damages, disgorgement of ill-gotten profits, and immediate and permanent injunctive relief to prevent further illegal activity. For violations of California law, Lockyer seeks civil penalties of $2,500 per violation, actual damages and liquidated damages of $1,000 per illegal email, up to $1 million per incident.

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