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Possible Class Action Suit Against Adobe for Spam?

By sales ·
Hello,

I use several of Adobe's programs, and am very happy with their products. However, recently I was in a position where I was forced to download the newest version of Dreameaver (Adobe took this over from Macromedia). So... I downloaded a 30 day trial of the program, and ever since making the download I have been receiving NO LESS than 30 spam emails per DAY from people offering to sell me the program.

Typically I am extremely cautious using my email address as I know how bad spam is these days, but I never expected something like this from a company like Adobe. And, to make matters worse, I sent a letter to their main office and an email to their webmaster, both of which have went unanswered.

Is anyone else having problems? Does anyone know of a possible class action being filed against them? I don't see that this could possibly be a coincidence, and this spam is way out of control.

Thanks so much,
Jeanne

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technical form - technical response; upgrade your spam filters

by Neon Samurai In reply to I completely disagree wit ...

Sorry, I couldn't resist the smart-a technical response.

You may try having your lawyer contact Adobe. While they may not respond to an individual, they may take more interest in contact from a legal representative. I don't know if you can do that without first opening a suet against them or if they'd simply turn around and scare off your lawyer with a counter suet though.

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As you noted,

by CharlieSpencer In reply to I completely disagree wit ...

"They (Abobe) want me to buy it from them - not discount, illegal copies."

By that reasoning, they would not have given out your address to other retailers, and you have no case.

What proof do you have that Adobe is at fault? Is it possible you have some form of malware tracking your activity? If you have some form of browser toolbar and searched for the demo, it may have reported your activity.

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no...

by sales In reply to As you noted,

No, I do not have any toolbars or anything like that downloaded and am running a firewall wall with my anti-virus. I am very careful on my internet activities, my privacy is set high and I am cautious about cookies, etc. This is what is so incredibly frustrating.

I am really not out to hurt anyone, I just want someone to step up and say this is what happened or this is what they have done. I went directly to Adobe and downloaded the trial. Although the malware makes sense, I will run a scan on my computer now. This morning alone I had 32 emails come in with offers to purchase Adobe products - it's making me crazy (and cranky).

Thanks

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Whoa there !

by drowningnotwaving In reply to I completely disagree wit ...

You're jumping to an inordinate amount of conclusions with little fact except for an overused Delete key and a few minutes and seconds of personal annoyance during the day.

Those are the only real "facts" of which you can be totally sure of.

Where, who, how, when and why your contact details made it out are all the matter of conjecture.

Let's look at your sentence:

My first option to sue is because against a big company like this it's the only way to make them pay any attention - they've ignored all of my other contacts, and now my email addy is being passed around like a frisbie and I am being bombarded with spam.

Coincidentally, you'd think that you have a point. It seems too close to be true.

Just one problem - "coincidence" isn't going to do it for you up against the vast array of technical and legal prowess that a company such as Adobe could, and would, bring to the table.

At any point during the information flow on the internet could this potentially have happened.

As the possible plaintiff, before you could bring suit, you'd have to have reasonably conclusive evidence against the single party or conspiratorial co-parties. What they did and how they did it.

That's not going to be cheap.

And given the very nature of the internet and information flows within it, making the evidence "conclusive" ain't going to be easy. Are you sure your expert has a bigger e-brain than their experts?

For instance:

Can you absolutely GUARANTEE that, at that exact time, you did not have any spyware on your PC?

Sorry, your answer is both irrelevant and meaningless - you're the plaintiff!

I'll bet that Adobe could have expert after expert pointing out that it is impossible for you to guarantee that one simple fact. And thus your conjecture remains just that.

Taking responsbility for your own set-up, including effective email / spam filters, would seem to be so much quicker, cheaper, more fun, educational and easier, wouldn't it?

Heck, even setting up multiple-personality email addresses so that your main address never actually gets bothered. That's another option.

Could be time for a chill-pill.


{edit removed my assumption of gender from title}

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You have missed one key point here-

by sales In reply to Whoa there !

Your points are all valid, absolutely - I cannot even begin to dispute, nor will I try. However, this is the point of a Class Action. When the same thing has happened to several people, over and over again, the little guys like me don't have to worry about covering all those ins and outs, crossing every 'T' and dotting every 'I', the mere repitition of the problem is your proof.

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There is a way around this, if you have

by Deadly Ernest In reply to Possible Class Action Sui ...

a way of having more than one email address. this can happen in a number of ways.

1. My ISP offers me up to 5 free email addresses.

2. I have my own domain, and the web hosting service offers me up to 25 email address boxes.

In both cases, I can use any name that isn't currently in use, that's very simple on my domain, as the domain name is part of the address - and I have total control of all of them. But with the ISP, their domain name is aprt of the address, so I have to clear the mailbox name with them.

When I need an email address for something like downloading trial software, or something where I think the email address may not get the protection it should, I create a new mailbox with a name that indicates the people I'm dealing with, and they're the only ones I give it to. After using it for the sole reason I need it, I close the mailbox down - thus causing all future mail to get an auto bounce.

As an example of your case I'd probably create a mailbox with my ISP like - deadlyDWeaver@netspace.net.au get the download and the activation code, trial the software, and kill the mailbox. All future mail to that address is bounced as 'no such address.' I don't have to deal with it.

Another way to handle it is to give them a hotmail or gmail address created simply for this sort of stuff, visit it once a month, and just delete everything without looking at it, except when you expect something - then you add that company to the white list and delete the rest unexamined.

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You beat me to the real solution

by jdclyde In reply to There is a way around thi ...

Keep it from happening in the first place.

Yahoo/hotmail/gmail are all great for disposable accounts.

Make one for each use and then see if you get some spam if your looking for excuses, or just never look at it again if your looking for solutions.

In our company about 92% of all emails coming in are spam. We have many that get between 5 and 10 a day, while others get over 100 a day. Blame the user.

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This is a good idea and mostly what I have done, but..

by sales In reply to There is a way around thi ...

This is a good idea, and basically what I have done in the past, I have an email called 'subscribe@mydomain.com'. This works like a charm. But, what do you to if you create the dummy accounts for temporary use and then delete them - our host is set up where my email address is set up as the catch all. Should I remove the cactch all? How important is that anyway? Any ideas?

I really appreciate all of the input that I have received on this post, by the way. I am a newbie to the forum and really didn't expect to receive the outpouring of help that I have encountered - I am very grateful. You all really seem like a great bunch of people here.

)
Jeanne

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There are risks involved either way

by Deadly Ernest In reply to This is a good idea and m ...

A catchall is there to allow you to receive any emails where they get the name part of the mailbox messed up; eg the name is terry@mailbox.com. and someone sends to terri@mailbox.com, it ends up in the catchall. Removing the catchall means you lose these mails, that's a risk you need to evaluate for yourself.

Another way to deal with it will depend upon the capability of the mail box software - my current hosting service has an option in their mailbox software that allow me to tell it to automatically delete all mail for a specific mailbox except those that appear on a white list - an option like this would enable you to leave the catchall in place, and just add the people you want to receive the mail form to the whitelist, remove them when no longer dealing with them. My last hosting service didn't have this capability, so I don't know how common it is.

In five years of having my own domain with a hosted mail service, I've only once received a mail through the catchall capability, and that person realised their mistake and resent to the correct address. So I don't worry about it.

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