Attorney General's News Release

October 21, 2004

Nixon sues business that sent threatening spam to school superintendents demanding to know their sexual orientation

Camdenton, Mo. — Attorney General Jay Nixon is suing a Web site operator that sent spam e-mails to Missouri public school superintendents under the guise of being open records requests but actually were demands for personal information from the superintendents, including their sexual orientation. The suit, filed today in Camden County Circuit Court, says StarProse Corp., of Abilene, Texas, violated Missouri's consumer protection laws, specifically the law regarding unsolicited commercial e-mail.

"The cyber-bullies at StarProse are sending out e-mails that are misleading and attempt to intimidate the recipients," Nixon says. "Like most bullies, they also are cowards, hiding their true intent and firing off these threats from behind a keyboard."

Several school superintendents contacted Nixon after receiving e-mail on Oct. 20 from StarProse labeled "Open Records Request." The e-mail, which was sent to many superintendents throughout the state, said StarProse was compiling a list and if superintendents did not respond, they would be listed as homosexual by default.

The lawsuit states StarProse Corp. violated Missouri law by providing false or misleading information in the subject line of the e-mail. Nixon's suit says StarProse Corp. used the false or misleading subject line to induce the superintendents to open the e-mail, then threatened them by declaring it would list the superintendent as homosexual if he or she did not reply to the e-mail.

The Attorney General is seeking a temporary restraining order to stop the violations. Nixon is asking the court to prohibit StarProse Corp. from sending unsolicited commercial e-mail to any school personnel, school or school district in Missouri. He also is asking the court to order StarProse Corp. to shut down any Web site that posts information regarding the sexual orientation of any school personnel in Missouri.

Nixon also is seeking an injunction barring StarProse Corp. from further violations of Missouri's consumer protection laws and a civil penalty of $5,000 for each violation. A hearing on the temporary restraining order is set for 9 a.m. Friday, Oct. 22, in Camden County Circuit Court.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818