Traverse Internet Law Federal Court Report: November 2010 - Hacking Lawsuits

Traverse Internet Law Disclaimer

The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


VITAL SOUNDS, INC. and THERAPEUTIC RESOURCES, INC. v. VISION AUDIO, INC. and WILLIAM P. MUELLER
WESTERN DSITRICT OF WISCONSIN (MADISON)
3:10-CV-00602
FILED: 10/13/2010

If you are buying email lists make sure that you understand the source of the email addresses. While CAN-SPAM does not require “opt-in” addresses, it is certainly advisable to conduct some reasonable degree of due diligence so that you are not purchasing a stolen email list.

Vital Sounds is in the business of selling audio CDs, headphones, books and other tools to teachers, therapists, and families for use in providing counseling and rehabilitative services. The Defendant is alleged to have sent emails selling audio CDs to the Plaintiffs’ confidential and proprietary mailing list. The Defendant is alleged to have hacked into Plaintiffs’ computers to obtain the list.

Plaintiff alleges trademark infringement, fraud in connection with computers, offense against computer data under Wisconsin law, and misappropriation of trade secrets. The lawsuit requests preliminary and permanent injunctive relief as well as actual damages, compensatory damages, pre-judgment and post-judgment interest, and attorneys’ fees and costs. Traverse Internet Law Cross-Reference Number 1453.