Verizon Wireless scores injunction and damages in spam fight

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Spend enough time around wireless technology and its users and you will see a study in the human emotion of disappointment-the brightening of the eyes that accompanies the buzz or jingle of a phone, followed by a despairing frown when the message turns out to be unwelcome and unexpected spam. Although wireless data carriers have generally done a stronger job than the wide-open Internet at preventing high volumes of unsolicited messaging, text spammers continue to work out ways to reach their audience. They may think twice before spreading the word on the Verizon Wireless network, however, after the US mobile carrier collected a $200,000 judgment and a permanent injunction against one of its spam foes.

The wireless provider, a venture of Verizon Communications and Vodafone, filed suit in October 2005 versus a travel marketer, Passport Holidays. When Passport blew the whistle on the marketing consultant responsible for the campaign, Specialized Programming and Marketing and proprietor Charles Henderson, they were added to the suit as well. Passport quickly settled with Verizon for $10,000, but only now has a default judgment been lodged against SPM and Henderson, consisting of a large damages payment and a permanent curb on spamming activities over the Verizon Wireless network.

Default judgments are typically awarded when defendants do not file or present their case. A business registration for SPM could not easily be found, thus bringing into question whether or not Verizon will ever be able to collect from the small company. Nevertheless, the company has demonstrated a willingness to pursue spammers through the legal system and says it has every intention of expanding its campaign. "We have a long track record of protecting our customers' privacy, including through lawsuits, and will continue to do so," said Verizon Wireless vice president of legal and external affairs Steve Zipperstein, in a statement.

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