STATE ATTORNEY GENERAL AND MICROSOFT
ENGAGING IN SMEAR CAMPAIGNS

State Attorney General Eliot Spitzer in conjunction with high level executives from Microsoft have begun in what can only be described as one of the worst orchestrated smear campaigns against legitimate internet business interests of recent times.  Without any ability to back up their far fetched allegations against OptinRealBig.Com, LLC and its President, Scott Richter, Mr. Spitzer and Mr. Smith, General Counsel for Microsoft,  have held news conferences making factually erroneous allegations that both Optin and Mr. Richter violated various state laws.  Even during their own press conference, when asked about specific factual allegations, neither man was able to articulate one violation by Optin or Mr. Richter.  Notably, Microsoft’s press releases primarily consist of advertising for various anti-spam products.  When Optin specifically asked Microsoft’s counsel for any factual basis for it’s claims against Optin and Mr. Richter, only silence and a referral back to the Attorney General’s office was given.  When the Attorney General was asked for a specific factual basis, Optin was told the Attorney General’s office did not have to provide one.  Be assured, they will have to provide one in a court of law which is where Optin intends to not only defend, but defeat this latest intrusion into private business by government overreaching. Which overreaching is illustrated by Mr. Spritzer’s (sic) public proclamation that he intends to bankrupt Optin and Mr. Richter.  A declaration which far exceeds any legitimate interest Mr. Spitzer has in enforcing his State laws.   Mr. Spitzer’s reliance on Spamhaus will also be revealed as a fatal error because Spamhaus is an offshore, anonymous organization which has no legitimate connection with internet businesses in the United States.

Optin’s counsel has obtained a copy of the complaint filed by the New York State Attorney General’s office.  There is not one allegation directed to Optin nor is there one attachment which evidences or attributes any of the claimed wrongdoing to Optin or Mr. Richter.  If there were 10,000 false and fraudulent emails sent by Optin, it would be good legal practice if the Attorney General would see fit to attach at least one.  Even in the body of the complaint, there does not exist one specific factual allegation against Optin or Mr. Richter.  Instead, Mr. Richter and Optin have been lumped with other email marketers and generalized facts claiming spam.  The complaint by Microsoft is even far less specific as the only allegation contained therein claims that Optin and Mr. Richter published email.  An activity which is undertaken by any person around the world which sends any email and is not in any violation of any state law.

Optin is one of the largest email deployers in the United States.  All email lists used by Optin consist of persons or entities which have agreed to receive such email.  On an average Optin receives only one complaint for every three million emails sent.  This is far below any average set by any Internet Service Provider to constitute spam email. Furthermore, Optin sends legitimate email using truthful from lines; working “opt-out” links; and appropriate advertising subject lines.  Furthermore, Optin does not “hijack” any computers to send emails.   There is absolutely no evidence presented by the Attorney General or Microsoft to the opposite. 

Finally, Optin will not encourage the smear campaign initiated by the New York Attorney General and Microsoft.  Rather, it will vigorously defend itself in a court of law and will prevail as one of the most legitimate internet marketing institutions in the United States.