24/7 Media Obtains Temporary Restraining Order Against Maps
November 17, 2000
NEW YORK — (BUSINESS WIRE) — Nov. 17, 2000 — 24/7 Media (Nasdaq: TFSM), one of the largest global interactive marketing and technology solutions companies, today announced that the U.S. District Court in Denver has issued a temporary restraining order against the Mail Abuse Prevention System ("MAPS").
The order prohibits MAPS from listing 24/7 Media's subsidiary, 24/7 Exactis, on MAPS' Real-time Blackhole List ("RBL"), which some Internet Service Providers (ISPs) use to determine whether to block incoming e-mail addressed to their subscribers.
Earlier this week, following months of constructive negotiations between the parties, MAPS abruptly and without warning placed 24/7 Exactis on the RBL. 24/7 Media filed a lawsuit against MAPS on Wednesday alleging that MAPS unlawfully interfered with the business of 24/7 Exactis and violated antitrust laws by placing 24/7 Exactis on the RBL.
A MAPS witness who testified before the court acknowledged that 24/7 Exactis, which has sent more than four billion e-mails in 2000, was cited in fewer than a dozen complaints during this period.
"We don't believe that any reasonable observer could contend that we are spammers," said Cindy Brown, senior vice president and general manager of 24/7 Exactis. "We support industry best practices and have been leaders in the prevention of spam."
U.S. District Judge John Kane found that MAPS, in adding 24/7 Exactis to the RBL, was "irresponsible." He ordered MAPS and any others acting in concert with MAPS to remove 24/7 Media from the RBL, and to rescind any comments to ISPs that state or suggest that 24/7 Media sends spam. Judge Kane also found that MAPS' actions deprived consumers of e-mail they had requested.
24/7 Exactis attorney, Bill Leone of Cooley Godward, said, "We are delighted with the result and appreciate the Court's willingness to review the matter on an emergency basis."
"24/7 Media delivers more outbound email than any other company and manages the largest global database of fully permissioned email addresses," said David J. Moore, Chief Executive Officer of 24/7 Media. "Thus, we have more to gain than anyone from the promotion of legitimate methods of controlling unsolicited bulk e-mail. We are founding members of the Responsible Electronic Communications Alliance (RECA), which has drafted reasonable guidelines for the collection and administration of email addresses. We are actively encouraging all members of the industry to work together to develop definitive industry standards final guidelines that reflect consensus. We do not, however, believe that extortionate vigilante control of the Internet is the appropriate mechanism for achieving this worthy ends."
About 24/7 Media, Inc.
24/7 Media Inc. is a leading global provider of end-to-end interactive technology and marketing solutions and services for Web publishers, online advertisers, advertising agencies, e-marketers and e-commerce merchants. 24/7 Media provides a comprehensive suite of media and technology products and services that enable these client groups to attract and retain customers worldwide, and to reap the benefits of interactive and other electronic media. The company's solutions include advertising and direct marketing sales, ad serving, promotions, e-mail list management, e-mail list brokerage, e-mail delivery, data analysis, loyalty marketing, wireless and convergence solutions, all delivered from the company's industry-leading data and technology platforms. The 24/7 Connect ad serving technology solutions are designed specifically for the demands and needs of advertisers and agencies, Web publishers and e-commerce merchants. Based in New York, 24/7 Media Inc. has offices in 51 cities in 28 countries. For more information, please visit www.247media.com.
CONTACT: 24/7 Media, Mitchell Simmons, 212/231-791
or Fleishman-Hillard, Laura Kraft, 213/489-8255