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This is an archive article published on April 21, 2004

From sending billions of spam to all new clothing line

Recognized globally as a living symbol of junk e-mail and targeted by New York Attorney General Eliot Spitzer for sending billions of spams,...

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Recognized globally as a living symbol of junk e-mail and targeted by New York Attorney General Eliot Spitzer for sending billions of spams, Scott Richter has decided to do what any red-blooded American might: launch his own line of clothing.

The SpamKing line, to be marketed under the SK brand, will hit online stores next month, according to Richter, president of Westminster, Colorado-based OptInBig.com. ‘‘With our image growing, it can be big,’’ a breathless Richter said from an exercise bicycle last week.

Since appearing at a Federal Trade Commission conference on spam last year, Richter has been the subject of unrelenting and widespread media attention. His face has adorned the cover of the Wall Street Journal and he’s appeared on TV news shows. Two weeks ago, he was featured on a segment on The Daily Show with Jon Stewart.

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Richter said the line, initially hats, shirts and panties, will be aimed at the hip-hop, grunge and skateboarding crowds. It will feature sayings such as ‘‘Just opt out,’’ and ‘‘Click it’’. ‘‘I wonder how he’s going to advertise it,’’ quipped David Sorkin, associate professor of Law at the John Marshall Law School in Chicago, and an expert on the legalities of spam.

‘‘We’ll put out a lot of e-mail on it,’’ said Richter, noting that a third-party marketing company will develop the line. ‘‘We’ll advertise, but mostly the press will advertise for us,’’ he said. Richter’s case with the New York attorney general, meanwhile, could be heading toward a settlement.

A person familiar with the case said the two parties are ironing out a deal in which Richter would pay certain costs and agree to abide by the terms of the federal anti-spam law without admitting or denying guilt. Richter wouldn’t discuss it other than to say, ‘‘We’re confident we’ll reach a settlement.’’

Spitzer spokesman Brad Maione had no settlement to announce, but added settlements in general were ‘‘always a possibility.’’ As he navigates those talks, Richter said he’s planning to file a lawsuit against certain anti-spam groups before month’s end, seeking to put an end to some efforts he said use improper practices to block what he terms his legitimate e-mail.

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Laura Atkins, president of an anti-spam group, SpamCon Foundation, said she’d heard rumours of the suit, but doubted its viability, given Richter’s reputation. ‘‘Certainly, there are a lot of people who receive e-mail from Scott Richter who never asked for it,’’ she said. Richter is ranked a top-10 spammer by the anti-spam group SpamHaus. Pete Wellborn, an Atlanta attorney who has taken on spammers and defended anti-spammers in court, said if Richter intends to file suit, he best be steeled for a tough fight.

‘‘He better be prepared to open every book, document and computer file he has,’’ Wellborn said, suggesting defendants will exploit the discovery process to expose his operations. —(LAT-WP)

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