[EMAIL PROTECTED] wrote:

> Hi
>
> You're all focused on getting rid of spamming, what about companies that get falsely 
>accused?
>
> Yesterday night I used an opt-in list, which I sent a newsletter to 7000 people. The 
>next thing I know, I had a warning from Leadhound, and I had affiliate accounts 
>closed. I legally used an opt-in mailing list, and was falsely accused of spam. After 
>finding out more, I find that this report was automatic.
>
> So I ask: What is spamcop going to do to stop reports that are false? I acted 
>legally, I had an unsubscribe e-mail address, valid reply address, even a complaints 
>address. I have all the documents to proof that each and every person on that list 
>signed up, their IP details, everything needed. I have lost lots of money over this, 
>and I cannot comment any further but i'm taking legal advice.
>
> I have ethics when it comes to business, and being bombareded by junk mail 
>constantly myself, I know its important to get rid of it completely, but is it really 
>worth taking down good companies just to get at the bad ones?
>
> Wayne Tickner

A couple questions/comments then I'll pass on some info from SpamCop's FAQ.

SpamCop doesn't report automatically.  Whoever reported you had to authorize SpamCop 
to send the report for them by pressing a button to send the complaint.

Did you use a "confirmed opt-in"?  You said you had "everything" but did not mention a 
confirming email. Could someone else have added the person that ultimately reported 
you to your list as a joke or for revenge?  You'll probably need more proof than an 
email addy and IP addy unless the ISP that owns the IP block is willing to tell you 
WHO it belonged to at the time the sign-up was done.

Don't count on too many people trusting "Remove" or "Complaints" email addresses.  Too 
many spammers use this ploy to gather VALID email addresses so they can sell them to 
others.  Most spam prevention articles and many ISP's warn their readers/customers NOT 
to reply to spammers.  If someone believes you spammed them, they're not likely to 
trust your removal or complaint process.

It's hard to believe your ISP would punish you based on one or two complaints from 
people that *may* have forgotten they asked to be on your list.  Just how many 
complaints were received?  If they were numerous I would suspect that the list wasn't 
as 'opt-in' as you thought, especially if just anyone can add any old email addy they 
wish to your list.

Here's probably the best solution for you, at least as far as SpamCop is concerned.

**********************************
>From the SpamCop FAQ:

False spam reports are not tolerated. Users who file false reports will be banned from 
the SpamCop service and/or fined. However, in order to take action, we must see proof 
of wrongdoing. If you would like to take action against a user who has erroneously 
accused you of spamming, please forward to [EMAIL PROTECTED]:

   1. The entire SpamCop report, including full headers and the entire spam.
   2. Proof that the user in question did subscribe for your list.

If you would like to pursue action with the user's internet provider, SpamCop reports 
include all the information you need to do so. IP address and datestamp of the 
complainant are included in the report. You can even feed a SpamCop report to SpamCop 
to determine the originating point.
**********************************

--
just a SC user, not an admin.

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