Once an electronic mail account is canceled, defendant simply opens another account and sends out another bulk mailing. Additionally, defendant maintains several electronic mail accounts simultaneously, so that he will have a continuing means to send out his messages. Defendant bombards hundreds of thousands of electronic mail addresses weekly without affording his recipients the ability to respond to his solicitations. Washington's law requires that a sender of unsolicited commercial electronic mail truthfully identify the originating electronic mail address of the transmission. This requirement affords the recipient the ability to reply to the sender directly whether it be to verify the validity of the source of the message, or to protest the receipt of the unsolicited message and request no further correspondence from the sender.
Defendant fails to provide a valid return electronic mail address to recipients.
Though the return electronic mail address accurately reflects the source of the original message at the moment the message is sent, its almost instantaneous invalidity renders it useless to recipients. By posting a seemingly valid return electronic mail address which, in fact, is impossible to respond to, defendant misrepresents the status of his electronic mail account. The conduct described above constitutes unfair or deceptive acts or practices in trade or commerce and unfair methods of competition in violation of RCW 19.86.020. That the Court adjudge and decree that defendant has engaged in the conduct complained of herein. That the Court issue a permanent injunction enjoining and restraining defendant and his representatives, successors, assigns, officers, agents, servants, employees, and all other persons acting or claiming to act for, on behalf of, or in active concert or participation with defendant from continuing or engaging in the unlawful conduct complained of herein.