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lundi 1 septembre 2014

Kobeni Solutions Fined In Affordable Care Act Spam Lawsuit

By Rahmah Sajid


The FTC (Federal Trade Commission) recently fined a company $350,000 because they illegally scammed unsuspecting consumers in regard to a deadline for The Affordable Care Act. The company, an email marketing company named Kobeni, Inc., mailed a message to consumers telling them that they needed to click a link immediately to avoid paying a fine for Obamacare because they had a deadline.



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 Federal Trade Commission fined Yair Shalev for failing to provide recipients with a link they could use to unsubscribe from the emails and also for failing to add a postal address to the emails. Kobeni Solutions was sending emails explaining that recipients should purchase health coverage. Recipients were encouraged to click on a link that would take them to a page filled with ads for insurance companies. Kobeni Solutions denied being aware of the scam but received money from the companies that benefited from the traffic.

The FTC fined Kobeni Solutions $350K as a restitution of ill-gotten money. The company did not admit or deny guilt. The IP addresses used by Yair Shalev are currently on the ROKSO block list.

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.

Kobeni Inc., was also found in violation of the CAN-SPAM ACT as they failed to provide an opt-out option to recipients. They also failed to include any valid postal address in their emails. Shalev and Kobien Inc., (aka as Kobeni Solutions) are notorious among anti-spam advocates. They have been acknowledged as the second worst source of spam in the world, by the Register of Known Spam Operations (ROKSO) maintained by Spamhaus.




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