TUCSON, Ariz. — Cyberheat apparently has dodged maximum penalties over alleged Can-Spam violations after a federal judge ordered the Justice Department and the online adult company to hammer out an agreement.
In a case at U.S. District Court in Tucson, Cyberheat, which operates webmaster program TopBucks, is defending itself against charges by the Federal Trade Commission over sexually explicit spam messages sent by its affilates. It contends it can't control the actions of affiliates. If convicted, Cyberheat would be liable for $11,000 in civil penalties for each spam email, or $7.1 million. It would be the largest fine levied against an online adult company.
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