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Eight years ago, Balsam was working as a marketer when he received one too many e-mail pitches to enlarge his breasts. Enraged, he launched a website called Danhatesspam.com, quit a career in marketing to go to law school and is making a decent living suing companies who flood his e-mail inboxes with offers of cheap drugs, free sex and unbelievable vacations.
"I feel like I'm doing a little bit of good cleaning up the Internet," Balsam said.
From San Francisco Superior Court small claims court to the 9th US Circuit Court of Appeals, Balsam, based in San Francisco, has filed many lawsuits, including dozens before he graduated law school in 2008, against e-mail marketers he says violate anti-spamming laws.
His many victories are mere rain drops in the ocean considering that Cisco Systems Inc. estimates that there are 200 billion spam messages circulating a day, accounting for 90 percent of all e-mail.
Still, Balsam settles enough lawsuits and collects enough from judgments to make a living. He has racked up well in excess of $1 million in court judgments and lawsuit settlements with companies accused of sending illegal spam.
His courtroom foes contend that Balsam is one of many sole practitioners unfairly exploiting anti-spam sentiments and laws. They accuse him of filing lawsuits against out-of-state companies that would rather pay a small settlement than expend the resources to fight the legal claims.
Balsam mostly sues companies he accuses of violating California's anti-spam law. Among other restrictions, the law prohibits companies from sending spam with headers that misleads the recipient into believing the e-mail is noncommercial or comes with offers of "free" products that aren't true. The law also requires a way for Internet consumers to "opt out" of receiving any more spam from a sender.
Balsam said he has more than 40 small claims victories and several more in higher courts, mostly alleging the receipt of misleading advertising.
In November, he won a $4,000 judgment against Various Inc., an "adult-oriented" social media company that controls AdultFriendFinder.com. A judge sided with Balsam, who sued after he received four identical e-mails sent to four different accounts with the identical subject line "Hello my name is Rebecca, I love you."
It's the fourth time he's beat Various in court. The company is appealing the latest ruling and a hearing is scheduled for Jan. 5 in San Francisco Superior Court.
Balsam certainly isn't the average Internet consumer. When San Mateo Superior Court Judge Marie Weiner in March ordered Trancos Inc. to pay Balsam $7,000 for sending spam that recipients couldn't stop, she noted that he has more than 100 e-mail addresses.
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