Lawyer Hit With $4.2 Million Judgment in Junk Fax Class Action — Holtzman v. Turza
[Post by Venkat Balasubramani] Holtzman v. Turza, 08 C 2014 (N.D. Ill. Aug. 29, 2011) Apparently reports of the fax machine’s death are greatly exaggerated. People still use fax machines. Holtzman sued Turza for receiving unsolicited faxes. The court certified…
Seventh Circuit Awards e360 a Whopping $3 in Damages Against Spamhaus — e360 v. Spamhaus
[Post by Venkat Balasubramani] e360 Insight, Inc. v. The Spamhaus Project, 10-3538 & 10-3539 (7th Cir. Sept. 2, 2011) The lawsuit between e360 and Spamhaus was a long-running, tortured affair, and it looks like it finally came to a close….
Court Affirms Robust ISP Protection For Blocking Bulk Emails — Holomaxx v. Microsoft/Yahoo
[Post by Venkat Balasubramani] Holomaxx v. Microsoft, 2011 WL 3740813 (N.D. Cal. Aug, 23, 2011) [pdf] Holomaxx v. Yahoo, 2011 WL 3740827 (N.D. Cal. Aug, 23, 2011) [pdf] Eric and I both previously posted on the Holomaxx cases, where Holomaxx…
Court Rejects First Amendment Challenge to CAN-SPAM Indictment — US v. Smallwood
[Post by Venkat Balasubramani, with comments from Ethan Ackerman] US v. Smallwood, 09-CR-00249 (N.D. Tex.; July 15, 2011) First Amendment challenges to spam statutes are long shots at best, with Jaynes v. Virginia being the big exception. In this case,…
June 2011 Quick Links, Part 2
By Eric Goldman Social Media * The Third Circuit issued its en banc rulings in Layshock v. Hermitage School District and J.S. v. Blue Mountain School District, both involving school discipline against kids who created fake MySpace profiles of school…
Jury Rejects Lawyer’s Claims Under DC’s Anti-Spam Law — CyberLaw v. Thelaw.net
[Post by Venkat Balasubramani] Cyberlaw P.C. v. Thelaw.net, No 2009 CA 003615 (D.C. Sup. Ct. March 16, 2011) (complaint) (verdict form) Lawyers receive a fair amount of spam from service providers and companies who offer CLEs and other services. Most…
Court Says CAN-SPAM Plaintiff Can’t Take Second Bite at the Apple — Melaleuca v. Hansen
[Post by Venkat Balasubramani] Melaleuca v Hansen, 10-cv-00553 (D. Idaho; Apr. 15, 2011) This is a case where Melaleuca – a large multi-level marketing company – asserted spam claims against Daryl Hansen. That’s probably a charitable way of putting it….
Bulk Emailers (Mostly) Lose Three 47 USC 230(c)(2) Rulings–Holomaxx v. Microsoft/Yahoo & Smith v. TRUSTe
By Eric Goldman I’ve been so behind that it’s taken me until now to blog these cases from last month. All three opinions involve the same basic fact pattern: a bulk emailer gets blocked by an email service provider (relying…
Claims that Emails were not Labeled as Ads and did not Disclose Tracking Preempted by CAN-SPAM — Martin v. CCH
[Post by Venkat Balasubramani] Martin v. CCH, 10-cv-3494 (N.D. Ill.; Mar. 24, 2011) Plaintiff received two emails from CCH, with the following subject lines: “Buy now pay Feb. 15” [and] “Offer extended – Buy now pay Feb. 15” Based on…
N.D. Cal.: Facebook Posts are Electronic Mail Messages, Subject to CAN-SPAM — Facebook v. Maxbounty
[Post by Venkat Balasubramani] Facebook, Inc. v. Maxbounty, Inc., CV-10-4712-JF (N.D. Cal.; Mar. 28, 2011) The Northern District of California ruled that commercial posts to a Facebook user’s wall, news feed, and home page constitute “electronic mail messages” that are…