Firm Told to Stop E-Mail Offers of Motorola Pagers

Motorola Inc. said Thursday that a court ordered a Pasadena company to stop harassing consumers with false promises of free Motorola pagers.

Motorola accused Paging America of “inundating” consumers with unsolicited e-mails offering a free pager. The e-mails misled consumers into thinking Paging America was affiliated with Motorola, and people who responded either got nothing or pagers made by competitors, according to a federal suit Motorola filed a year ago in Chicago.

The court order blocks Paging America from using Motorola trademarks or misleading consumers, and requires it to pay Motorola $100,000. Motorola also will get $100,000 for each future e-mail that results in a contempt of court citation, under the terms of a consent agreement with the principals of the company and its telemarketing firm.

Paging America also was ordered to turn over all advertisements to Motorola so they could be destroyed, and to give Motorola the contact information of consumers who responded to the fraudulent e-mails.

Robert Winter, a principal for Paging America, and David Kluge, principal of telemarketing company Alliance Direct Fulfillment & Telemarketing Inc., agreed to stop the spam e-mails, said Motorola spokeswoman Josephine Posti.

Paging America, owned by closely held Digital Wireless Technologies Inc., never responded to the trademark infringement lawsuit, so a default judgment was entered, Posti said.

In the lawsuit, Motorola claimed it was getting complaints from consumers who said they would not buy Motorola products because of the advertising.

Motorola shares Thursday fell 9 cents to $15.35 on the New York Stock Exchange. News of the judgment was released before the opening of Wall Street trading.