Emailer Fined $350K By The FTC For Scam Involving The ACA

By Rahmah Sajid


One of the world's biggest spammer was recently fined an impressive sum of $350K by the Federal Trade Commission under the CAN-SPAM Act. Yair Shalev was fined for sending spam related to the Affordable Care Act. Yair Shalev is a well-known spammer who relies on the snowshoe method to reach out to a wide number of email addresses without getting caught. This method consists in using several domain names and IP addresses to send out spam. Yair Shalev and his company Kobeni Solutions sent spam related to the Affordable Care Act using over a hundred IP addresses.

Yair Shalev's company, based in Hollywood, Florida, apparently sent emails with content that deceived recipients regarding false deadlines supposedly set by the ACA (Affordable Care Act), or better known as Obamacare. The emails were sent during the rollout of the ACA and contained false warnings that recipients who had not yet joined would be in violation of the law if they did not immediately click to enroll in an insurance plan. The emails included links to websites that displayed advertisements from insurance companies. Although the proprietors of these websites paid Kobeni Inc. for traffic received by the email scam, the FTC found that they were not directly involved and were not aware of the fact that it was a scam.

The charges brought against the defendants in January included violation of the FTC Act by deceptively spreading false information about legal deadlines, as well as a violation of the CAN-SPAM Act for not allowing recipients the option to opt-out and failing to display a valid postal address in the emails. Although it is not entirely clear how the amount of $350,000 was reached, the original suit sought restitution, disgorgement of ill-gotten monies, and other equitable relief.

It is really a wonder that the insurance companies even hired Kobeni, Inc., because they are considered to be the number two worst scamming company in the business. Evidently, this is what they are best known for. Is it possible that Kobeni just looks at the FTC fine as a cost of doing business, and then they go on down the road, as if nothing happened? Possibly so, but it is a shame that so many consumers had to put up with their deception.

The ROKSO has been monitoring Yair Shalev and blocking IP addresses used to send spam for years. The FTC finally took action due to the number of recipients affected by the Affordable Care Act spams and due to the profits generated by Kobeni Solutions.

When clicked the links led them to designated websites where advertisements for insurance companies were displayed. The insurance companies involved claim they are completely unaware of the scam, but the website owners paid Shalev and Kobeni for the traffic received.




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