Two Recent Spam Cases Look at Falsification of Origin and Subject Line Claims

Two Recent Spam Cases Look at Falsification of Origin and Subject Line Claims

Wagner v. Spire Vision: This is a spam lawsuit alleging receipt of emails in violation of California’s spam statute. There are 25 emails at issue. Header information claims: The California statute prohibits “falsified, misrepresented, or forged” header information. The court…

Blogiversary Celebration Part 4: How Internet Law and IP Law Have Evolved

Blogiversary Celebration Part 4: How Internet Law and IP Law Have Evolved

This is the final part of my four-part series celebrating our 10th blogiversary. I asked the following question: What do you think is the most significant change in intellectual property law or Internet law over the past 10 years? This…

No Spam Lawsuit When Plaintiff Asked For The Emails--Beyond v. Kraft

No Spam Lawsuit When Plaintiff Asked For The Emails–Beyond v. Kraft

Beyond Systems initiated this spam lawsuit. The court characterizes Beyond Systems as (barely) an internet service provider. Beyond was owned by Paul Wagner and its servers were kept at his parents’ Maryland residence. As mentioned by the court, not only…

LinkedIn Can't Shake Publicity Rights Claims Based on Reminder Emails

LinkedIn Can’t Shake Publicity Rights Claims Based on Reminder Emails

This is a lawsuit against LinkedIn alleging that LinkedIn wrongly sent out repeated invites to users’ contacts. In an initial ruling, Judge Koh denied LinkedIn’s request to dismiss on the grounds of standing but dismissed the federal claims for alleged violations of…

California Anti-Spam Law Doesn't Require Sender's Name In The 'From' Line or Domain Name

California Anti-Spam Law Doesn’t Require Sender’s Name In The ‘From’ Line or Domain Name

While spam litigation generally has diminished, plaintiffs continue to push claims under California’s anti-spam statute. Federal court decisions were mixed on what types of California’s anti-spam claims are preempted by CAN-SPAM (whether plaintiffs had to allege fraud or merely misleading…

Shopkick Unable to Shake Text Spam Complaint -- Huricks v. Shopkick

Shopkick Unable to Shake Text Spam Complaint — Huricks v. Shopkick

Shopkick is a rewards-based app that shoppers use on their phone while they are in-store shopping. I’m not precisely sure how it works (you get points for trying on items or walking in certain parts of the store?) but it…

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…