TCPA Claim Against Taco Bell Fails For Lack of Agency

TCPA Claim Against Taco Bell Fails For Lack of Agency

I mentioned before that a court said Taco Bell wasn’t liable for texts sent on its behalf because the plaintiff didn’t adequately allege the sender was Taco Bell’s agent (See “Franchisor Isn’t Liable Under the TCPA for Franchisees’ Text Message…

Lawyer’s Suit Over “Professional Recognition” Spam Flops

Lawyer’s Suit Over “Professional Recognition” Spam Flops

Say you’re a lawyer and you receive a promotional email intimating that you’re one of the “Top Lawyers in California.” You probably just delete it and move on, right? That would be too easy. Nicholas Bontrager sued Showmark alleging that…

Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights

Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights

This is a lawsuit alleging that LinkedIn improperly mined users’ contact lists and sent them repeated invitation emails. While Judge Koh eliminated the Stored Communications Act and California anti-hacking statute claims, a chunk of the lawsuit remains. Harvesting contact lists…

Path May Be Liable for Text-Spamming Users' Contact Lists

Path May Be Liable for Text-Spamming Users’ Contact Lists

Sterk, of Sterk v. Redbox fame, sued Path, alleging that he received unsolicited marketing texts from Path. The court declined Path’s request to stay the case in favor of FCC proceedings, and the parties filed summary judgment motions on the…

CAN-SPAM Preemption Doesn't Apply To Fraud...And More

CAN-SPAM Preemption Doesn’t Apply To Fraud…And More

This a spam case. Plaintiff sued, alleging violations of California’s spam statute with respect to 49 emails. Plaintiff alleged that defendants: register[ed] its domain names used to send spams to unregistered fictitious business names claiming their addresses to be boxes…

Yahoo! Scores Significant Win in Email-to-SMS Lawsuit

Yahoo! Scores Significant Win in Email-to-SMS Lawsuit

We’ve blogged a bunch about text spam lawsuits in general, and about those against Yahoo! as well. Most recently, a judge denied Yahoo!’s request to dismiss a lawsuit relating to IM-to-SMS functionality. (See “TCPA Claim Over Yahoo!’s IM to SMS…

TCPA Claim Over Yahoo!'s IM to SMS Messaging Survives Summary Judgment

TCPA Claim Over Yahoo!’s IM to SMS Messaging Survives Summary Judgment

Yahoo! offers instant message users the ability to receive a text message notification of an instant message. A customer received two messages, and sued for violations of the Telephone Consumer Protection Act. The court denies Yahoo!’s motion for summary judgment….

Court Won't Order Google To Lift Manual Block For 'Thin Content'--ICF v. Google

Court Won’t Order Google To Lift Manual Block For ‘Thin Content’–ICF v. Google

ICF provides web hosting services to hundreds of pornography websites. Google allegedly manually blocked these sites for spam, characterizing them as having “thin content,” which Google defines as “providing internet content that has little or no value to end-users.” The…

Court Accepts Narrow View of CAN-SPAM Preemption but Ultimately Dismisses Claims – Davison Design v. Riley

Court Accepts Narrow View of CAN-SPAM Preemption but Ultimately Dismisses Claims – Davison Design v. Riley

This is a lawsuit over spam emails. I know, it’s 2013, but bear with me. Riley sent a demand letter alleging that numerous emails sent by or on behalf of plaintiff violated California’s spam statute. Plaintiff turned around and filed…

It's Illegal For Offline Retailers To Collect Email Addresses--Capp v. Nordstrom

It’s Illegal For Offline Retailers To Collect Email Addresses–Capp v. Nordstrom

The California Supreme Court issued a decision a couple of years ago holding that a zip code is “personal identification information” under the Song-Beverly Credit Card Act of 1974, making it illegal for retailers to ask consumers to provide zip…