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Two Tampa men fined under state's antispam law

By TOM ZUCCO
Published December 7, 2005


Hillsborough Circuit Judge Perry Little has issued a permanent injunction against two Tampa men and fined each $50,000 in the first case brought under Florida's 2004 Anti-Spam law.

Scott J. Filary, 25, and Donald E. Townsend, 35, were accused of running a bogus e-mail and internet operation responsible for more than 65,000 illegal e-mails.

The messages, the Attorney General's office said, linked recipients to more than 75 different Web sites engaged in fraudulent or illegal business activities, including pharmaceutical and cigarette sales and downloading copyrighted movies.

Little's order issued Friday bars Filary and Townsend from engaging in deceptive e-mail and Internet activities that violate Florida's 2004 antispam law, the federal CAN-SPAM Act or Florida's Deceptive and Unfair Trade Practices Act.

Filary and Townsend must pay $50,000 to cover the costs of the state's investigation and are subject to a potential $1.1-million penalty if the terms of the injunction are violated.

The Anti-Spam law bans unsolicited commercial e-mail that contains false or deceptive information in the subject line, contains a false or misleading e-mail header identifying the origin or path of the e-mail or uses another person's Internet domain name without permission.

Attorney General Charlie Crist secured a temporary injunction against Filary and Townsend after filing a civil action in April. The permanent injunction extends that order.

Tom Zucco can be reached at zucco@sptimes.com or 727 893-8247.

[Last modified December 7, 2005, 00:33:18]


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