Holomaxx sues Microsoft over mass emailing ban - Penny Black - Wikimedia Commons

A case started in a California district court against Microsoft and Return Path, alleging they have breached the wiretapping and other communication acts.

Holomaxx alleges Microsoft and Return path have intentionally interfered with its ability to send emails over the internet to users that specifically wanted the mails to be sent.

“Microsoft knowingly relies on faulty automated filters and equally faulty third party information to identify purported spam emails,” said the suit. “Even after Holomaxx informed Microsoft that it was not sending spam – and then took the initiative to review all of of Microsoft’s technical standards and suggested ‘best practices’, and then changed its mailing practices to address the only potential issue that it found there, Microsoft informed Holomaxx that due to its ‘negative reputation’, Microsoft is not able to override its own automatic spam filters.”

Holomaxx said it is sending legitimate email, and alleges the defendants “intentionally intercepted and obtained information from Holomaxx’s private communications with its clients.”  It further alleges that the defendants published false statements to third parties.

Holomaxx describes itself as a “highly esteemed email service providers, with an excellent reputation for sending legitimate non-spam email on behalf of commercial clients since its founding in 2000”. Its client companies, it claims, have opt-in customers and adheres to legal standards. It can send as many as 10 million emails a day, including around three million to Microsoft users.  It claims it conforms to all practices and the Can-Spam Act.

Holomaxx said that on or before November 20, 2009, Microsoft began blocking, rerouting and throttling emails sent by it in the IP ranges 209.124.78.41 to 209.124.78.60. It threatened legal action against Microsoft in April 2010, but alleges that its emails were blocked again in June.

Holomaxx is seeking a jury trial against the defendants on several different counts, and is seeking damages and redress for  the practices it alleges Microsoft and Return Path are performing.