Funny email situation... *Edit: I AM VICTORIOUS!*

[MacBaine]

I added all my update posts to this post so you can read them without wading through the thread. Warning: Very long!

Dec 4
So I have a T-Mobile sidekick phone... and I receveid an email address with it (let's call it macbaine@tmail.com... not the actual address). About 2-3 months ago, I started getting emails from my account, macbaine@tmail.com. They were sent to another address, but CC'ed to macbaine@tmail.com as well. They were nonsense emails... like 'test test test' and other such stuff, and I got a couple emails from what sounded like some sort of roofing company, updating 'me' on the progress of a couple projects.

I assumed that somebody else was using my address, most likely due to some sort of oversight with T-mobile, as it wasn't being used for any malicious purpose it seemed. I didn't want to deal with it over holiday break, so I sent a few emails to 'me' informing this person that they are using my address, and that they should stop immediately. I didn't get any response until today.

I sent one more email instructing them to stop using the address until the situation has been resolved with T-Mobile. I got back this email:

-----Original Message-----
From: him <xxxxx@verizon.net>
To: 'me' <xxxxxx@tmail.com>
Subject: RE: Stop emailing this address
Date: Thu, 4 Dec 2003 08:55:28 -0800

I will not. In fact, you are in violation of several laws including
but
not limited to using my email address to disseminate false information.
I have already stared legal proceedings to make you stop using my
address. In the meantime, you may want to consider retaining a lawyer
and inform T-Mobile of your intentions.

That made me laugh. Disseminating false information? Ok...?

I told him that I urge him to contact T-Mobile, as he claims to have done, as they would love to hear how he was able to use my address. Got this back:

-----Original Message-----
From: him <xxxxxxx@verizon.net>
To: 'me' <xxxxxxx@tmail.com>
CC: xxxxxx@tmail.com, Legal@t-mobile.com, LegalBenlawyer@aol.com
Subject: RE: Stop emailing this address
Date: Thu, 4 Dec 2003 09:21:37 -0800

MacBaine:

Let this serve as an official notification that I am instructing you to
cease and desist all use of the email: xxxxx@tmail.com. Any use of
this email until such time that can be either ratified by a court or
settled with the appropriate parties is a violation of United States
privacy laws. As such, I will discontinue using my email:
xxxxxx@tmail.com until such time that can be either ratified by a
court
or settled with the appropriate parties. Any further use of the email
xxxxxx@tmail.com will be subject to all penalties therein and will be
pursued in accordance to state and federal law.

Him
xxxxxxx@tmail.com (my address)

I love this:

LegalBenlawyer@aol.com

I responded telling him that I have every right to use MY address for whatever purpose I choose, and that I will continue to use MY address as I have broken no laws in doing so, as it is registered under my name with T-mobile.

Until T-Mobile takes care of this idiot... the hilarity will ensue!

Update: I added all the updates to this post so you don't have to wade through the rest of the thread

Dec 4 Update 1:

Uh oh! Now I am getting emails from his friends who he contact to inform that somebody is using his account.

-----Original Message-----
From: hisfriend@aol.com
To: xxxxxx@tmail.com
Subject: Thanks for the heads Up
Date: Thu, 4 Dec 2003 12:53:19 EST

I can't believe someone else is using your email account. I will
research
the privacy laws (I am sure you know them well already considering your
specialty) but even if someone else had this email before you and it was
given to you
by the ISP, you are entitled to it on an equal footing. There is some
case
law in this regard and the "first come" defense does not hold water.
The only
way around it is to sue the party using it and the ISP that gave it to
you.

Let me know if I can help.

Dec 4 Update 2:

Alright.. I called him out on the fact that 'legal@t-mobile' doesn't exist. He said he realizes that now and is on the phone with their legal department.

also, he now claims to have had this address since October of 2002. (I have had mine since Dec of 2002) He keeps talking like he is going to sue me, and tha tI have absolutely no claim to this address. According to his friend though,

but even if someone else had this email before you and it was
given to you
by the ISP, you are entitled to it on an equal footing.

Sounds like his crack legal team is hot on the case!

I love this part...

We will let the courts decide this one sir

LOL... I bet we will!


Dec 4 Update 3

UPDATE

Ok, So I called T-Mobile, got transferred up to 3rd level support at Wireless Data Group. Spoke with a rep who said it was very unusual, had never seen it before. Did not have any record of any other account authorized to use my address. The one name registered that matches this guy's name is using a different address.

Latest exchange between me and him:

First, I still haven't heard from your @AOL.com Lawyer, or even gotten
contact information, but I didn't expect to, as I assume you made it
up, along with your account of contacting anybody legally to have this
issue resolved.

As such, I have spoken with representatives of Wireless Data Group,
and they have informed me that there is no account that exists under
the name Lance Schmidt which also uses the address xxxxx@tmail.com.
The only XXXXX XXXXXX registered with T-Mobile is assigned the
address of yyyyy@tmail.com.

I suggest you discontinue your use my address and your blatant
lying in the matter. The issue will be resolved shortly and your use
will be terminated.

Oh yeah, and my shoe shine kit is stocked... I am going to need it
after ramming my boot up your ass. (Legally, of course)

--Me

that last comment was in reply to a remark he made about me 'making sure my shoe shine box is stocked', obviously implying that he was going to sue me for millions of dollars... or something.

His reply:

Go for it their tough guy. You assume plenty. I already spoke to them
(wireless data group) and they do have my account at xxxxxx@tmail.com.
In fact, I have been receiving your and mine emails and their Tier One
Group is already in the process of dismantling your nefarious endeavors.
Also, Danger, Inc., whom you probably only thought was the publisher of
one of your comic books, also has their legal department looking into
this.

Judging from your comments, your only exposure to the legal system has
been from the inside of "the big house" as one its resident's
girlfriends.

Summons and Complaints do take time. Could you please give me your
address and particulars such that I can execute any legal proceedings as
painlessly as possible? Oh that's right; you are too busy making
threats to accommodate me.

HAHAHAHAHAHAHAHA

Really... this guy is too much...

My reply:

I have a better idea.

You spoke with WDG reps? Quote me names, service numbers.
Tier One is hard at work dismantling my 'nefarious endeavours'? Tier
One support has absolutely no power to do anything in this matter.

I spoke with Justin from Tier 3 support. Ticket Number 1026912. The
issue has been handed over to WDG engineering department. They will
be resolving this issue and contacting me within 48 hours.

Contact information?

You provide me with your lawer's business contact information, that is
if he exists, which I highly doubt. I will contact him if you so
choose and explain the situation.

Danger Inc. has nothing to do with customer accounts. Danger
developes the hardware and software applications which are used by
cellular service providers. They do no deal with customer account
problems such as this. I am an authorized developer of Danger
software applications, genious. I'm sure their 'legal department'
would have absolutely no interest in a matter such as this, not that
you contacted anybody.

Next time you want to blatently lie, you should try a little harder to
make it realistic. Cheers!

Owning with a capital P

Dec 4 Update 4:

Ok, this is getting to be too much fun!

Him:

Me, settle down.

That's the problem Me.........why didn't I think of this before. YOU
created the completely flawed and buggy email system that started this
whole thing. Maybe if they would have fired your ass this stuff might
work! Now that I know this is an inside job and that you are in effect
a contract employee or at the very least, a licensed developer, of
course you can effect change. Whether it's proper or not is another
question.

At any rate, the guy I spoke to was Jeff XXXXX(in fact I think you got
some emails from him). He was going to speak with the Danger boys about
this and terminate both accounts because you are getting my emails and
I'm getting some of yours. That is the long and short of it. So,
without all the hyperbole and BS (although it has been fun) let's just
get this thing rectified so we can go about our business.

Him

LOL... right. I did get a couple emails from Jeff XXX, labeled 'Test' with simply his signature. I did find out though that the phone number and email address are from Toronto, a communications company named 'Rogers'. I called him out on this:

Him:

Listen a$$hole, Jeff XXXX DOES work for T-Mobile (he uses his old email
address) for testing. I DO have a trouble ticket open with Him and I DO
have an email account that you also have which is: xxxxx@tmail.com.
I am turning this entire matter over to T-Mobile for rectification.
Those are the facts.

Now, let this email serve as notification to you. I am here on out
considering your emails harassment. I am telling you form here on out
to NOT contact me in any way shape or form. That means email, telephone
or anyway else.

If you wish to resolve this matter let T-Mobile or others handle it in
your capacity. But again, DO NOT EMAIL ME OR HAVE CONTACT WITH ME
AGAIN. I will, of course, respect your privacy and will have no further
personal contact with you.

Him

I wasn't going to leave it at this, so I fired off one more email:

Let this be a notice to you:

-You have stated that you have intention to file a legal claim against
me.
-You have refused to cooperate in providing any contact information or
other material to validate your claims.
-You have refused to discontinue your use of my email account when
asked repeatedly to stop
-You have make several false claims in the name of T-mobile, stating
that they have record of your account and email address, when I have
the provided names and ticket numbers to prove otherwise
-You have repeatedly claimed that I am in violation of US Privacy Laws
and other such terms of service
-You have contacted 3rd parties outside of the T-Mobile or Danger
support chain, violating the terms agreed to in their respective terms
of service.
(Cited: T-Mobile TOS Mandatory Arbitration; Dispute Resolution)

Because of your actions in this matter, I plan on contacting the
respective companies and providing them with all communication between
us concerning this matter.

I will continue to use my email address as I see fit, treating all
email sent to it as my own. Any further action on your part should be
taken through your law firm, of which I am still requesting contact
information.

-Me

Hopefully this legal talk will scare him enough to shut up. I do plan on finding out what options are available to me as far as harassment from this guy though... just for grins

Dec 5 Update 5:

No news yet... waiting to hear back from T-Mobile engineers (within 48 hours from yesterday).

Dec 5 Update 6: I Win

Ok, the battle is over, and I am the victor.

I just got a call from Ken at T-Mobile, basically told me that he understood the situation, and that there had been some 'negative' communications between us. He explained that this had to stop, or we would both be in violation of contract (TOS - spamming or something).

He explained that this other guy had changed his reply to and send addresses to match my address. I don't know why he was able to do this, but I am assuming that T-Mobile will make sure it can't happen any more. This guy has the same last name as me, so it was just a coincidence. However, he explained that it was completely this guy's fault, but nonetheless it had to stop.

I am imagining that they contacted this guy, and he promptly went off telling them that I was harassing him and spamming him with threatening emails roll, but I think the important thing is that I won.

Nananana naa naa! You got in trouble! Made you eat your parents!

Thus concludes my epic struggle.

 

[TommyVercetti]

You can send an official notification via email now?

 

[DnetMHZ]

This guy must have picked up the "Law for Dummies" book..

 

[Ameesh]

you should add some fak emails to your responses.

 

[StageLeft]

What a freaking idiot.

 

[DurocShark]

Originally posted by: dnetmhz
This guy must have picked up the "Law for Dummies" book..

Naw, he probably couldn't afford it, so got "Law for Cheapskate Dummies"... Only 95c

 

[MacBaine]

Uh oh! Now I am getting emails from his friends who he contact to inform that somebody is using his account.

-----Original Message-----
From: hisfriend@aol.com
To: xxxxxx@tmail.com
Subject: Thanks for the heads Up
Date: Thu, 4 Dec 2003 12:53:19 EST

I can't believe someone else is using your email account. I will
research
the privacy laws (I am sure you know them well already considering your
specialty) but even if someone else had this email before you and it was
given to you
by the ISP, you are entitled to it on an equal footing. There is some
case
law in this regard and the "first come" defense does not hold water.
The only
way around it is to sue the party using it and the ISP that gave it to
you.

Let me know if I can help.

 

[TommyVercetti]

Why don't you just reword that notification and send it back to them?

 

[LikeLinus]

Do you plan on calling TMobile anytime soon to tell them about this moron?

 

[Bulk Beef]

Sprinkle a few "ratified"s and "therein"s over any e-mail, and you too can be Clarence Darrow.

 

[Argo]

OMG, there are some many ways you can have fun with it. If you want to take a step further have a an email sent to you from a "hitman" saying that he tracked down the person using the email, and he will do his "deed" tomorrow at 8pm.

 

[MacBaine]

Originally posted by: LikeLinus
Do you plan on calling TMobile anytime soon to tell them about this moron?

I tried about half an hour ago... but in order to talk to any customer service people I need the primary account holder's SS number (last 4 digits). The account is in my dad's name until the end of the month. I am at college, and he is at work, so I need to call later and get it from him.

 

[StageLeft]

Originally posted by: Argo
OMG, there are some many ways you can have fun with it. If you want to take a step further have a an email sent to you from a "hitman" saying that he tracked down the person using the email, and he will do his "deed" tomorrow at 8pm.

There are plenty of ways to have fun here, and none should include a criminal offense like that

 

[dabuddha]

lol
Reminds me of the time I sold my 56k modem and the buyer contacts me 6 months later claiming that I sent him a defective modem. I told him it was working fine and it most likely died as a result of his using it but he was adamant that he didn't have the time till now to open up the modem and test it out. Of course the legal babble started.


> -----Original Message-----
> From: dabuddha ]
> Sent: Saturday, October 14, 2000 6:21 PM
> To: moron
> Subject: RE: Diamond SupraExpress 56k V.90 model 56e
> Item #xxxxxxxxx
>
> just received the money order this afternoon
> i'll ship the modem out first thing monday morning
> great doing business with ya!


Then this

From: moron
Sent: Sunday, April 29, 2001 1:55 PM
To: dabuddha
Subject: RE: Diamond SupraExpress 56k V.90 model 56e Item #452364388

> Hi,
>
> Received the modem some time ago but did not bother
> setting up with computer
> until last weekend. It has been in its original box
> as you sent it. Wanted
> to let you know that I am very disappointed in that
> there was no software
> with the mode and it was DOA. The modem does not
> work at all. Bought
> another exact model and plugged it in and works like
> a charm.
>
> I would like to get my money back please.
>
> moron


Note the dates

Theres about 10 more emails from him ranging from taking me to federal court to calling me a money-grubbing ass-freak

 

[J0hnny]

Originally posted by: Argo
OMG, there are some many ways you can have fun with it. If you want to take a step further have a an email sent to you from a "hitman" saying that he tracked down the person using the email, and he will do his "deed" tomorrow at 8pm.

Dude, totally! You have to do that with some awesome anonymous email crap or sumthing untracable to you at least.

 

[J0hnny]

Originally posted by: dabuddha
lol
Reminds me of the time I sold my 56k modem and the buyer contacts me 6 months later claiming that I sent him a defective modem. I told him it was working fine and it most likely died as a result of his using it but he was adamant that he didn't have the time till now to open up the modem and test it out. Of course the legal babble started.


> -----Original Message-----
> From: dabuddha ]
> Sent: Saturday, October 14, 2000 6:21 PM
> To: moron
> Subject: RE: Diamond SupraExpress 56k V.90 model 56e
> Item #xxxxxxxxx
>
> just received the money order this afternoon
> i'll ship the modem out first thing monday morning
> great doing business with ya!


Then this

From: moron
Sent: Sunday, April 29, 2001 1:55 PM
To: dabuddha
Subject: RE: Diamond SupraExpress 56k V.90 model 56e Item #452364388

> Hi,
>
> Received the modem some time ago but did not bother
> setting up with computer
> until last weekend. It has been in its original box
> as you sent it. Wanted
> to let you know that I am very disappointed in that
> there was no software
> with the mode and it was DOA. The modem does not
> work at all. Bought
> another exact model and plugged it in and works like
> a charm.
>
> I would like to get my money back please.
>
> moron


Note the dates

Theres about 10 more emails from him ranging from taking me to federal court to calling me a money-grubbing ass-freak

So, what happened? He dropped it?

 

[MacBaine]

Alright.. I called him out on the fact that 'legal@t-mobile' doesn't exist. He said he realizes that now and is on the phone with their legal department.

also, he now claims to have had this address since October of 2002. (I have had mine since Dec of 2002) He keeps talking like he is going to sue me, and tha tI have absolutely no claim to this address. According to his friend though,

but even if someone else had this email before you and it was
given to you
by the ISP, you are entitled to it on an equal footing.

Sounds like his crack legal team is hot on the case!

I love this part...

We will let the courts decide this one sir

LOL... I bet we will!

 

[Banana]

Maybe someone is playing a joke on you? This is too idiotic to be real.

 

[MacBaine]

Originally posted by: J0hnny

Originally posted by: Argo
OMG, there are some many ways you can have fun with it. If you want to take a step further have a an email sent to you from a "hitman" saying that he tracked down the person using the email, and he will do his "deed" tomorrow at 8pm.

Dude, totally! You have to do that with some awesome anonymous email crap or sumthing untracable to you at least.

Well I had a little fun with the first emails I got... from this roofing company or whatever. He was saying how the roofs on A and B are almost done, and C and D should be ready in a couple weeks.

I replied that he better have them done by Thanksgiving (2 days later) if he wants to spend it with his family.

 

[StageLeft]

Originally posted by: MacBaine

Originally posted by: J0hnny

Originally posted by: Argo
OMG, there are some many ways you can have fun with it. If you want to take a step further have a an email sent to you from a "hitman" saying that he tracked down the person using the email, and he will do his "deed" tomorrow at 8pm.

Dude, totally! You have to do that with some awesome anonymous email crap or sumthing untracable to you at least.

Well I had a little fun with the first emails I got... from this roofing company or whatever. He was saying how the roofs on A and B are almost done, and C and D should be ready in a couple weeks.

I replied that he better have them done by Thanksgiving (2 days later) if he wants to spend it with his family.

Hehe. It's a good time to make up some fake legal crap. Tell him you have already consulted a lawyer, your case is airtight, and he better cease and decist immediately or else.

 

[LikeLinus]

Originally posted by: Skoorb

Originally posted by: MacBaine

Originally posted by: J0hnny

Originally posted by: Argo
OMG, there are some many ways you can have fun with it. If you want to take a step further have a an email sent to you from a "hitman" saying that he tracked down the person using the email, and he will do his "deed" tomorrow at 8pm.

Dude, totally! You have to do that with some awesome anonymous email crap or sumthing untracable to you at least.

Well I had a little fun with the first emails I got... from this roofing company or whatever. He was saying how the roofs on A and B are almost done, and C and D should be ready in a couple weeks.

I replied that he better have them done by Thanksgiving (2 days later) if he wants to spend it with his family.

Hehe. It's a good time to make up some fake legal crap. Tell him you have already consulted a lawyer, your case is airtight, and he better cease and decist immediately or else.

Yes make up total lies in writing to the individual (so he has proof), in the event he's actually stupid enough to sue you, presenting evidence of your lies in court. That's the SMART thing to do.

Just handle it like an adult and contact T-Mobile and see what they say after you get the SS from your dad. Don't resort to lies.

 

[dabuddha]

Originally posted by: J0hnny

Originally posted by: dabuddha
lol
Reminds me of the time I sold my 56k modem and the buyer contacts me 6 months later claiming that I sent him a defective modem. I told him it was working fine and it most likely died as a result of his using it but he was adamant that he didn't have the time till now to open up the modem and test it out. Of course the legal babble started.


> -----Original Message-----
> From: dabuddha ]
> Sent: Saturday, October 14, 2000 6:21 PM
> To: moron
> Subject: RE: Diamond SupraExpress 56k V.90 model 56e
> Item #xxxxxxxxx
>
> just received the money order this afternoon
> i'll ship the modem out first thing monday morning
> great doing business with ya!


Then this

From: moron
Sent: Sunday, April 29, 2001 1:55 PM
To: dabuddha
Subject: RE: Diamond SupraExpress 56k V.90 model 56e Item #452364388

> Hi,
>
> Received the modem some time ago but did not bother
> setting up with computer
> until last weekend. It has been in its original box
> as you sent it. Wanted
> to let you know that I am very disappointed in that
> there was no software
> with the mode and it was DOA. The modem does not
> work at all. Bought
> another exact model and plugged it in and works like
> a charm.
>
> I would like to get my money back please.
>
> moron


Note the dates

Theres about 10 more emails from him ranging from taking me to federal court to calling me a money-grubbing ass-freak

So, what happened? He dropped it?

Yeah after telling me he won't do business with third world country people again

 

[MacBaine]

Originally posted by: LikeLinus

Originally posted by: Skoorb

Originally posted by: MacBaine

Originally posted by: J0hnny

Originally posted by: Argo
OMG, there are some many ways you can have fun with it. If you want to take a step further have a an email sent to you from a "hitman" saying that he tracked down the person using the email, and he will do his "deed" tomorrow at 8pm.

Dude, totally! You have to do that with some awesome anonymous email crap or sumthing untracable to you at least.

Well I had a little fun with the first emails I got... from this roofing company or whatever. He was saying how the roofs on A and B are almost done, and C and D should be ready in a couple weeks.

I replied that he better have them done by Thanksgiving (2 days later) if he wants to spend it with his family.

Hehe. It's a good time to make up some fake legal crap. Tell him you have already consulted a lawyer, your case is airtight, and he better cease and decist immediately or else.

Yes make up total lies in writing to the individual (so he has proof), in the event he's actually stupid enough to sue you, presenting evidence of your lies in court. That's the SMART thing to do.

Just handle it like an adult and contact T-Mobile and see what they say after you get the SS from your dad. Don't resort to lies.

Where did I lie? Somebody emailed me, I responded to them. I never claimed to be somebody else.

 

[Yossarian]

couldn't this be resolved by either of you in 5 minutes with one phone call?

 

[LikeLinus]

Originally posted by: MacBaine
Where did I lie? Somebody emailed me, I responded to them. I never claimed to be somebody else.

I quoted Skoob telling you to lie and make up legal terms and say you've retained a lawyer. Don't do that, that's extremely stupid.

Nothing you did, I just highly advice against it.