Facebook declares war on spammers?

[ImBatman]

Look this point 5:

Stop using automated means such as scripts or scrapers without Facebook permission.

These all use,so we are all spammers?
script for select all friends and invite in groups and pages.

Aren't browsers automated scripts? I hardly know anyone that speaks assembly.

 

[flibbertigibbet]

Guys, sorry to say that this is completely legit...

The Official Facebook Blog Post:
http://blog.facebook.com/blog.php?post=58219622130

The CBS News Article:
http://www.cbsnews.com/8301-504083_162-5461330-504083.html

The Wiki Article:
http://en.wikipedia.org/wiki/Sanford_Wallace

CNet News Article:
http://news.cnet.com/8301-1023_3-10387021-93.html

The Official Court Filing On Februrary 24th, 2009:
http://docs.justia.com/cases/federal/district-courts/california/candce/5:2009cv00798/211911/1/

Facebook won this law suit...which means that they can use it against any current or future spammer on Facebook as they see fit... and will most likely win. This is probably why you got the letter. They may file another suit and use the Facebook vs. Sanford Wallace case against you if the "spamming" doesn't cease. Ask any lawyer. I know it sucks. Makes our jobs as internet marketers a little more difficult, but not impossible.

 

[Money Man]

Of course this is legit. However, unless you are phishing, scamming, hacking, clickjacking (on a massive scale), etc., you have to do something that REALLY pisses them off in order to get hit with a lawsuit.

If you are just breaking their TOS, even if you are doing things on a large scale, there is a 99.99% chance that you will only get a C&D letter, and IMHO, there is a 99.99% that you WILL NOT EVER get a C&D letter. They have bigger fish to try, period.

 

[underpresurre]

i think he lie, because facebook can banned your account. Facebook dont have to send him letter.

 

[Money Man]

i think he lie, because facebook can banned your account. Facebook dont have to send him letter.

:lmao: :lmao: :lmao:

Sorry for the useless post but... :lmao: :lmao: :lmao:

 

[ozzke]

Of course this is legit. However, unless you are phishing, scamming, hacking, clickjacking (on a massive scale), etc., you have to do something that REALLY pisses them off in order to get hit with a lawsuit.

If you are just breaking their TOS, even if you are doing things on a large scale, there is a 99.99% chance that you will only get a C&D letter, and IMHO, there is a 99.99% that you WILL NOT EVER get a C&D letter. They have bigger fish to try, period.

Well I am a smalltime fish and I am not scamming or phishing or anything like that. I just "advertised" for some emailsubmits on wallposts and yet they still go after me. I am Europe-based so not US. If you see my last post they actually want me to give up the money I made with it. Can they proof how much I made through facebook as I also used some offers on other websites.

 

[lowteg]

If you are running Adsense filled sites with WHO IS showing and spamming them via messages from groups for sure its a easy target. You need to be smart about these things and do Facebook marketing in a semi-legit fashion...Sure I have had accounts deleted too, pages deleted but I try and stay mostly legit with their TOS.

 

[fun4uoc]

Well I am a smalltime fish and I am not scamming or phishing or anything like that. I just "advertised" for some emailsubmits on wallposts and yet they still go after me. I am Europe-based so not US. If you see my last post they actually want me to give up the money I made with it. Can they proof how much I made through facebook as I also used some offers on other websites.

were you using cpa lead? If so then they gave up your info and FB knows exactly how much you made.

 

[ozzke]

were you using cpa lead? If so then they gave up your info and FB knows exactly how much you made.

Nope. And yes I am sure they can find out how much I made, but can they know how much I made through Facebook? Do they keep track of referrers for all leads for a couple of months?
And would you give the money up just like that? I mean I already spend a bit obviously, and we're talking about a couple of $x,xxx
I also want to play the "naive idiot" part as the offers were for the US and I'm from Europe so I could not actually see the offers, they were GEO-targetted (they state somewhere in the document that the people had to give up all their personnal info) and obviously as I have never ever heard about proxies how would I know what the people had to give up.

 

[fun4uoc]

Nope. And yes I am sure they can find out how much I made, but can they know how much I made through Facebook? Do they keep track of referrers for all leads for a couple of months?
And would you give the money up just like that? I mean I already spend a bit obviously, and we're talking about a couple of $x,xxx
I also want to play the "naive idiot" part as the offers were for the US and I'm from Europe so I could not actually see the offers, they were GEO-targetted (they state somewhere in the document that the people had to give up all their personnal info) and obviously as I have never ever heard about proxies how would I know what the people had to give up.

For all you know there is someone who doesn't like you and is spamming your aff link all over FB.

In all seriousness, my advice at this point would be to talk to an attorney immediately and disclose EVERYTHING to him/her. Also, your attorneys advice will probably be to not talk about this on public forums, and I think that would be good advice.

 

[Money Man]

Well I am a smalltime fish and I am not scamming or phishing or anything like that. I just "advertised" for some emailsubmits on wallposts and yet they still go after me. I am Europe-based so not US. If you see my last post they actually want me to give up the money I made with it. Can they proof how much I made through facebook as I also used some offers on other websites.

Well apparently you pissed them off somehow. Yes, they always demand the amount of money you have made. I would just reply to the C&D, but I would not give up any of the money. If you were not phishing or scamming, I hardly see a lawsuit against you being worth their time. The fact of the matter is, they would have to spend thousands just to get thousands (back from you). Also, unless your CPA company forked over your stats, they have no clue how much you made. However, if you are saying you only made thousands, IMHO a lawsuit is hardly worth their time, effort, and money. Please understand that I am not a lawyer, and these are just my opinions.

were you using cpa lead? If so then they gave up your info and FB knows exactly how much you made.

He is absolutely right! Stop using CPA lead PEOPLE! FOR THE LAST TIME! Especially if you are in the US/UK.

 

[Deleted member 17472]

Ok, can any one tell why facebook did not take any step for usocial?

If facebook capable of these, it should close all activities of usocial much before. But usocial is still standing and doing business?

All things related to spamming i think?

friend adding, fan page suggestion, group page suggestion, event invitation are may be not spamming in view of facebook or its legal person. Only it violates their TOS, so they can disable those accounts.

 

[Bross]

When you signup with facebook you agree to their T/C.
Where you reside has no impact on anything.

If you break their conditions, they can (and will in extreme cases) send an invitation to court in the legal jurisdiction stated in the TC.
To be specific - federal court located in Santa Clara.

If you are from out of the states it does not matter. Especially if they already found you.

You have no way around it. Not to start a new company and no nothing.
That's why spamming places like facebook can possibly be very dangerous.
If you are from the States, I suggest you won't even think about it. Atleast not today where they got their act together.

Just be cautious if you do it.

PS - if they got to a situation in which they physically reach someone.. I assume this someone spammed the hell out of facebook...

What I would do If I were a stinky FB spammer with C&D letters hunting me:


* Check the legal situation in your country: are you doing illegal activities? Most probably not.
* Civil court? Which fee do you have to expect to pay in your country?
* Create a company and hide all behind it. Make it a legal business. When they start a civil court, your company goes bankrupt, you do not.
* If you are already making good money: ask a lawyer to be sure. Think then about a holding to protect also your wealth.

 

[fun4uoc]

Look for Facebook to get the Feds involved soon to begin pursuing criminal charges, much the same way ebay did.

 

[fotran]

Got this in the mail this morning:

Please respond to me in writing no later than close of business, Monday, August 2, 2010
confirming that you:
 Have stopped and will refrain from accessing Facebook's website(s) or using Facebook's
Services for any reason whatsoever;
 Have stopped and will refrain from advertising of any kind on Facebook;
 Have stopped and will refrain from sending spam on Facebook or inducing other
Facebook users to send spam on Facebook;
 Have provided a list of all Facebook Groups, Pages, Profiles, and/or applications that you
have created, developed, or operated; and
 Will account for and repay Facebook any and all money you earned as a result of the
activities described in this letter.

Guess I didn't cover my tracks as good as I thought I did... Sigh. Especially the last point annoys me.

Scan your letter.

 

[Com_e]

Men this topic is putting everybody on suspension .

 

[tukim]

Do make sure to respond to the C&D though, ignoring it is not really an option as it will only get you into more trouble.

Responding to C&D letters of any kind means you are stating you received the notice and in most cases it acknowledges you know of your guilt. Ignoring the notice means you can plea it never arrived in your hands and you can't be held liable considering you were "never informed".

 

[milton]

I learned one important thing from the "winningest" trial law firm in the United States and thats, "Deny, deny, deny". Lawyers sometimes fish for information. Seek legal advice (I am not a lawyer and this is not legal advice) they often will give you consultation for free (in order to get you to do business with them) but do respond to the letter.

 

[davidycpsrep]

You guys are so gullable.....number 1. If Facebook or their attoney sent this letter it would be sent certified or served by a processor. A C&D is not legal unless delivered and signed for.

2. If they sent you this letter they already know all of the groups /pages/profiles you have been using.

3. The only LEGAL claim they would have is if you are sending messages through their system that have malicious code. Sending a message through facebook messenger is not SPAM. Read the SPAM act. It has to be sent directly to the persons email address. Promoting someones fanpage or group is not illegal or against Facebook policy unless you are using fake accounts to do so. Then they would have to prove you are using fake accounts.

Either you are telling a lie just to scare people or someone is pulling your leg. Call the number on the notice to see if it is a real company. You also mentioned you have only 5 accounts with 5000 each??????? LMAO they will not come after you for that. If facebook gets rid of all of the fake accounts they will have 250mil-300mil instead of 500mil which will lower the value of their company. They are simply ACTING like they are concerned with privacy beause of the attention they are getting.

 

[fun4uoc]

3. The only LEGAL claim they would have is if you are sending messages through their system that have malicious code. Sending a message through facebook messenger is not SPAM. Read the SPAM act. It has to be sent directly to the persons email address. Promoting someones fanpage or group is not illegal or against Facebook policy unless you are using fake accounts to do so. Then they would have to prove you are using fake accounts.

Not true, and now there is case law to back it up.

Facebook was awarded $711 million in a judgment Thursday against self-described "spam king" Sanford Wallace.

Judge Jeremy Fogel of the U.S. District Court of the Northern District of California granted Facebook's application for a default judgment against Wallace for violating the Can-Spam Act, which bans "false and misleading" marketing e-mails. Fogel also found that Wallace "willfully violated" a temporary restraining order and preliminary injunction issued in the case and referred the matter to the U.S. Attorney's Office for prosecution of criminal contempt.