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CYBERLAW P.C.
1200 G St NW Suite 800
Washington, DC 20005
Plaintiff
THELAW.NET CORPORATION
6640 Lusk Blvd. Suite A205
San Diego, CA 92121 Jury Trial Demand
MARK WHITNEY
6640 Lusk Blvd. Suite A205
San Diego, CA 92121
DOES 1-20
Defendants
COMPLAINT
Plaintiff, CyberLaw P.C., through counsel, Eric Menhart, files this suit against
Defendants TheLaw.Net, Mark Whitney and Does 1-20 and states as follows:
Introduction
1. This action arises from the transmission of one or more commercial electronic mail
2. This Court has jurisdiction over this Complaint pursuant to D.C. Code § 11-921(a)(6).
3. Defendants are subject to jurisdiction in this Court pursuant to D.C. Code § 13-
1
4. Defendants are subject to jurisdiction in this Court pursuant to D.C. Code § 13-
5. Defendants are subject to jurisdiction in this Court pursuant to D.C. Code § 13-
423(a)(3) because they have caused tortuous injury in the District of Columbia by an act or
Parties
principal place of business in San Diego, CA that regularly conducts business in Washington,
DC.
10. Defendants Does 1-20 are persons, organizations, and/or corporations who, along with
the other Defendants, initiated, conspired in the initiation, or assisted in the transmission of the
emails at issue, but are currently unknown to Plaintiff. Plaintiff will file an amended complaint
11. In order to prohibit a person or entity from transmitting commercial electronic mail
with false identifying information or false or misleading subject line information the D.C.
2
Council passed the Spam Deterrence Act of 2008. The SDA was codified as D.C. Code §28-
5001 et seq.
12. The SDA provides that “A person or entity shall not (1) Transmit, or assist in the
transmission of, a commercial electronic mail message that: (A) Falsely identifies electronic mail
Contains false or misleading information in the subject line.” See D.C. Code §28-5002(a)
13. The SDA further provides that “Any person or entity who receives an electronic mail
message that violates a provision of this chapter . . . may seek recovery for any damages
14. Specifically, “a person, other than an electronic mail service provider, shall also
recover attorneys' fees and costs, and may recover, in addition to actual damages, liquidated
damages of $500 for each commercial electronic mail message transmitted in violation of this
chapter or $50,000 per day, whichever is less.” See D.C. Code §28-5003(a)(2).
Factual Background
15. TheLaw.Net is in the business of providing legal research services to law firms and
attorneys.
16. TheLaw.Net regularly advertises its services to potential customers via unsolicited
commercial e-mail.
17. On or about October 16, 2008, Defendants sent an unsolicited e-mail advertising legal
the WHOIS record associated with the domain name. See Plaintiff Exhibit #1.
3
19. WHOIS is a free, publicly available database available on the Internet. Any person that
wishes to ascertain the identity of a domain name owner may do so by running a free search. As
shown in Plaintiff Exhibit 1, the administrative contact for the domain name
20. The WHOIS record shown in Plaintiff Exhibit 1 plainly demonstrates that any e-mail
address associated with the domain name “cyberlawonline.com” would be an “electronic mail
21. The WHOIS record shown in Plaintiff Exhibit 1 also plainly demonstrates that the
22. Shortly after receiving the October 16, 2008 e-mail from TheLaw.Net, Plaintiff
the text of each of their emails. Plaintiff politely asked that the Defendants remove all e-mail
ericmenhart.com, which were all domains owned by Plaintiff. See Plaintiff Exhibit #2.
23. Despite having absolutely no obligation under the SDA to ask Defendants to remove
from their marketing lists e-mail addresses associated with the domain names at issue, Plaintiff
did so in a good faith effort to give Defendants a reasonable opportunity to avoid liability under
24. Despite Plaintiff’s request that the Defendants cease sending commercial e-mail
seven months. A spreadsheet listing all of the e-mails sent by Defendants for which Plaintiff has
4
25. Defendants sent no less than forty nine (49) messages to Plaintiff in violation of the
26. On information and belief, Plaintiff alleges that Defendants sent even more messages
to Plaintiff. Defendants would have records of each message and are on notice to retain such
records.
27. All of the e-mails sent by Defendants to Plaintiff contained “false or misleading
28. For example, several e-mails sent by Defendants to Plaintiff had the subject line “Ten
Lawyers Leaping,” yet the body of the e-mail message was a solicitation for legal research
29. Other examples of misleading subject lines were “A MURDER IN MICHIGAN” and
“JOE THE LAWYER?” In each case, the body of the e-mail was a solicitation for legal research
30. Defendants’ emails also falsely identified electronic mail transmission information,
including header information or other routing information, in violation of the SDA. See D.C.
Code §28-5002(a)(1)(A).
31. Defendants appear to have a poor record of compliance with accuracy in their
messages and requests to be removed from their lists. For example, one third party individual
5
See “An Open Letter to TheLaw.net” available at
32. A poster on the site for the Wisconsin Law Journal website, located at
“You’ve probably heard of TheLaw.net because they’ve spammed you, as they have for both
Koshollek and me. I talked to the company’s owner, Mark Whitney, about that, who says he
has no plans to stop because frankly, it’s working.”
http://www.wislawjournal.com/article.cfm/2008/09/08/Four-legal-research-companies-offer-
33. Other consumers have had similar complaints about falsity in e-mail messages from
Defendants. For example, in a post entitled “Spam from TheLaw.Net” one consumer laments:
“Is anyone else getting lots of SPAM from The Law.Net? They hit me at least
once a week. They are continually changing their Email addresses so that I
can't successfully block them. It's getting very annoying. First I was
getting Email from Mark Whitney -- multiple variations of the name. Now I'm
getting Email from the Postmaster. This business tactic is not endearing me
to this company. And I doubt that direct contact with them will solve the
problem.”
Allegations
the commercial availability of legal research services plans, as well as related products and
services.
6
36. Defendants personally directed, participated in and ratified the actions alleged herein.
37. Defendant and its agents planned, executed, contracted for, directed, managed and
38. The solicitations alleged herein were done negligently, carelessly, and without regard
39. In the alternative, Plaintiff alleges that the solicitations alleged herein were made in a
40. Some portions of Defendant’s conduct in participating in, authorizing or ratifying the
42. Defendants and any related entities acted as agents for each other, and participated in,
collaborated in, facilitated and ratified all procedures related to the transmissions.
43. All persons and entities who participated in any aspect of the transmissions were
44. Defendants are in violation of the District of Columbia Spam Deterrence Act of 2008
for transmitting e-mails with false or misleading header information or subject lines. See D.C.
45. The e-mails at issue contained falsely identified electronic mail transmission
Code §28-5002(a)(1)(A).
46. The e-mails at issue contained false or misleading subject lines, in violation of D.C.
Code §28-5002(a)(1)(B).
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Count II: Violation of Consumer Protection Act
47. Defendants are liable under the District of Columbia Consumer Protection Act for their
48. Defendants misrepresented as to a material fact which has a tendency to mislead and
failed to state a material fact when such failure tends to mislead in violation of D.C. Code § 28-
3904.
49. Plaintiff seeks the greater of actual damages or statutory damages, as the evidence at
50. Judgment, pursuant to D.C. Code §28-5003(a), against all Defendants jointly and
severally of $500 per e-mail message, in an aggregate amount of not less than $24,500; and
51. Treble the amount of all damages, pursuant to D.C. Code § 28-3905(k)(1)(A);
52. Costs of the action, pursuant to D.C. Code §28-5003(a)(1) and D.C. Code § 28-
3905(k)(1)(B); and
53. Attorney’s fees, pursuant to D.C. Code §28-5003(a)(2) and D.C. Code § 28-
3905(k)(1)(B); and
55. Injunctive relief, precluding Defendants from similar actions in the future; and
56. Such further relief as this Court may deem just and proper.
Plaintiff respectfully demands a trial by jury with respect to each claim in this Complaint.
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Respectfully submitted, Dated: June 8, 2009
____________________________________
Eric J. Menhart (Bar ID: 975896)
CyberLaw P.C.
1200 G. Street N.W. Suite 800
Washington, D.C. 20005
Phone: 202-904-2818
Fax: 202-403-3436
9
cyberlawonline.com WHOIS domain registration information from Netwo... http://www.networksolutions.com/whois-search/cyberlawonline.com
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registrant. Learn More
Registrant:
Eric Menhart
PO Box 57192
Washington, District of Columbia 20037
United States
Administrative Contact:
Menhart, Eric webmonarch@yahoo.com
PO Box 57192
Washington, District of Columbia 20037
United States
(202) 558-2062
Technical Contact:
Menhart, Eric webmonarch@yahoo.com
PO Box 57192
Washington, District of Columbia 20037
United States
(202) 558-2062
The previous information has been obtained either directly from the registrant or a registrar of the domain name
other than Network Solutions. Network Solutions, therefore, does not guarantee its accuracy or completeness.
Current
GODADDY.COM, INC.
Registrar:
IP Address: 67.15.255.7 (ARIN & RIPE IP search)
IP Location: US(UNITED STATES)-TEXAS-DALLAS
Record Type: Domain Name
Plaintiff Exhibit #1
1 of 2 5/11/2009 6:51 PM
Eric Menhart
From: CyberLaw.Pro [contact@cyberlaw.pro]
Sent: Thursday, October 16, 2008 7:23 PM
To: 'mwhitney@thelaw.net'
Subject: Marketing
MARK WHITNEY
TheLaw.net Corporation
San Diego - Chicago, USA
Toll Free: 1.877.4.LAWNET
www.thelaw.net
mwhitney@thelaw.net
I've removed my addresses from your lists now several times. Please note, that none of the following domains should
receive mail from you again:
Ericmenhart.com
Cyberlawonline.com
Cyberlaw.pro
Thank you.
Eric Menhart
Plaintiff Exhibit #2
Message No. Date Received Subject Line
1 10/20/2008 Recession-Proof Your Legal Research!
2 10/22/2008 LEGAL RESEARCH POWER USER SECRETS!
3 10/27/2008 JOE THE LAWYER?
4 10/30/2008 JOE THE LAWYER?
5 11/10/2008 Make The Transition...
6 11/17/2008 Make The Transition...
7 11/20/2008 Make The Transition...
8 11/24/2008 TheLaw.net Gobbles Up Subscribers!
9 12/1/2008 Search Nationally In 2009!
10 12/4/2008 Search Nationally In 2009!
11 12/9/2008 Ten Lawyers Leaping!
12 12/12/2008 Ten Lawyers Leaping!
13 12/16/2008 Ten Lawyers Leaping!
14 1/5/2009 Search Nationally In 2009!
15 1/7/2009 Stop Wasting Time With Westlaw!
16 1/12/2009 Stop Wasting Time With Westlaw!
17 1/15/2009 Your Westlaw Bailout Plan! $48/month!
18 1/21/2009 Your Westlaw Bailout Plan! $48/month!
19 1/26/2009 Your Westlaw Bailout Plan! $48/month!
20 1/29/2009 What you're missing with Westlaw...
21 2/2/2009 America's Most Intuitive Legal Research Application!
22 2/5/2009 America's Most Intuitive Legal Research Application!
23 2/9/2009 Why you love Google & hate legal research.
24 2/11/2009 Why you love Google & hate legal research.
25 2/16/2009 Why you love Google & hate legal research.
26 2/20/2009 Take The West Challenge!
27 2/24/2009 42 /5 1983 & "strip search" & "honor student"
28 2/272009 42 /5 1983 & "strip search" & "honor student"
29 3/4/2009 451 U.S. 527 & 42 /5 1983 & "excessive force" & police
30 3/6/2009 451 U.S. 527 & 42 /5 1983 & "excessive force" & police
31 3/9/2009 for official use only site:defenselink.mil
32 3/12/2009 for official use only site:defenselink.mil
33 3/16/2009 West Attorney Editors v. Advanced Boolean Logic
34 3/18/2009 Supercharge Your Westlaw Results!
35 3/23/2009 A MURDER IN MICHIGAN
36 3/26/2009 Say Goodbye To 'Stumble Over' Research!
37 3/30/2009 Say Goodbye To 'Stumble Over' Research!
38 4/2/2009 11 /5 547 & "preferential transfer" & 11 /5 548 & "fraudulent transfer"
39 4/6/2009 11 /5 547 & "preferential transfer" & 11 /5 548 & "fraudulent transfer"
40 4/9/2009 11 /5 547 & "preferential transfer" & 11 /5 548 & "fraudulent transfer"
41 4/15/2009 foreclosure sale & "equitable lien"
42 4/18/2009 foreclosure sale & "equitable lien"
43 4/21/2009 inequitable division & "community assets"
44 4/24/2009 inequitable division & "community assets"
45 4/28/2009 Know Your Top Ten Most Relevant Opinions
46 5/6/2009 Know Your Top Ten Most Relevant Opinions
47 5/11/2009 Scalia Tackles Sharpie Sniffing!
48 5/18/2009 Scalia Tackles Sharpie Sniffing!
49 5/20/2008 'Alice In Westlawland'
Plaintiff Exhibit #3