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…
Jan.-Feb. 2011 Quick Links, Part 4
By Eric Goldman Internet Freedom * The EFF points out the inconsistency between Hillary Clinton’s speech championing Internet freedom abroad when our own US government has gone rogue on its own citizens, including unlawful domain name seizures and an obsessive…
Debt Collection Text May Result in Liability under the Telephone Consumer Protection Act — Gutierrez v. Barclays Group
[Post by Venkat Balasubramani] Gutierrez v. Barclays Group, Case No. 10cv1012 DMS (BGS) (S.D. Cal.; Feb. 9, 2011) The Telephone Consumer Protection Act is a big stick. And it’s being wielded against debt collectors. Plaintiffs (a husband and wife) applied…
Class Action Brought by “Lonely and Vulnerable” Men Against Online Cupid Site Moves Forward — Badella v. Deniro Mktg.
[Post by Venkat Balasubramani with some comments by Eric] Badella v. Deniro Marketing LLC, 10-03908 CRB (N.D. Cal.; Jan 24, 2011) This is a good one. A group of plaintiffs brought a putative class action against an online dating website…
CA Appeals Court: Claims Under State Spam Statute Not Preempted by CAN-SPAM – Hypertouch v. Valueclick
[Post by Venkat Balasubramani with some comments from Eric] Hypertouch, Inc. v. Valueclick, Inc., et al., B218603 (Cal. Ct. App.; Jan. 18, 2011) A California appeals court weighed in on a long-running debate: whether CAN-SPAM preempts California’s spam statute. This…
Lawyer-Spam Plaintiff Loses in the Sixth Circuit Over Allegedly Misleading DISH Network Emails — Ferron v. Echostar
[Post by Venkat Balasubramani] Ferron v. Echostar Satellite LLC, 09-4407 (6th Cir.; Dec. 28, 2010) Ferron brought claims against Dish Network and its retail and marketing partners alleging that he had been deceived by the terms of email offers sent…
Court Rejects Constitutional Challenge to TCPA Based on Vagueness in “Prior Express Consent” Exception — Kramer v. Autobytel, Inc.
[Post by Venkat Balasubramani] Kramer v. Autobytel, Inc., et al., 10-cv-02722 CW (N.D. Cal.; Dec. 29, 2010) We’ve blogged a bunch about cases involving defendants accused of sending text messages – none of them have resolved favorably in favor of…