Holomaxx Sues Yahoo, Microsoft, and Others for Non-Delivery of Bulk Emails

[Post by Venkat] Holomaxx Technologies v. Yahoo!, Inc. and IronPort Systems, LLC, Case No. CV10-4926 (N.D. Cal.) [Scribd] Holomaxx Technologies v. Microsoft Corp. and Return Path, Inc., Case No. CV10-4924 (N.D. Cal.) [Justia Page] In what may fit under the…

Another Federal Court Dismisses CAN-SPAM Claims Due to Lack of Standing – Melaleuca, Inc. v. Hansen

[Post by Venkat] Melaleuca, Inc. v. Hansen, No. CV 07-212-E-EJL-MHW (D. Idaho; Sept. 30, 2010) I blogged in June about a CAN-SPAM case in the District of Idaho involving CAN-SPAM and state law claims asserted by Melaleuca, a “multi-level marketing…

Spam Filter Excuse for Missing a Deadline Flies in the Northern District of Illinois — Pace et al. vs. AIG

[Post by Venkat] Pace et al. vs. AIG, 8 C 945 (N.D. Ill.; Nov. 1, 2010) As the court notes in this case, ‘I missed a deadline because I did not receive electronic notice of a filing’ is becoming the…

Former Employee’s ‘Email Barrage’ Does Not Support CAN-SPAM or Computer Fraud and Abuse Act Claims — Nyack Hosp. v. Moran

[Post by Venkat] Nyack Hosp. v. Moran, 08 Civ. 11112 (SCR)(PED) (S.D.N.Y.; Oct. 20, 2010) Moran was employed by Nyack Hospital. When the employment relationship ended he: sent [an unspecified number of] e-mails, including a 17-page attachment, to over “100…

Sending Politically Charged Emails Does Not Support Disturbing the Peace Conviction — State v. Drahota

[Post by Venkat] State v. Drahota, 280 Neb. 627 (Sept. 24, 2010) [pdf] Background: Drahota was a student at the University of Nebraska who corresponded via email with his political science professor Avery. According to the opinion, they “shared a…

New York Court Dismisses Putative Class Action Brought Under California Spam Statute — Bank v. Hydra Group, LLC

[Post by Venkat] Bank v.Hydra Group LLC, 10-CV-1770 (JG) (E.D.N.Y. Sept. 24, 2010) Todd Bank brought a putative spam class action against Hydra Group. The court dismissed the lawsuit for lack of subject matter jurisdiction. Bank alleged that he received…

Reunion.com Back to District Court — Hoang et al v. Reunion.com Inc

[Post by Venkat] Hoang et al v. Reunion.com Inc., Case No. 08-cv-03518-MMC (N.D. Cal.) Reunion.com is a spam case that’s generated some blog fodder, to say the least: “CAN-Spam-a-Friend?–Hoang v. Reunion.com,” “Reunion.com Revisited,” and “Reunion.com Revisited Again: Claims Under CA…

Veteran Spam Plaintiff Abandons Spam Lawsuit — Asis Internet v. Subscriberbase

[Post by Venkat] Asis Internet Servs. v. Subscriberbase, 2010 U.S. Dist. LEXIS 93518 (N.D. Cal. Sept. 8, 2010). Asis is a veteran spam plaintiff, whose lawsuits have generated a fair amount of blog fodder. (See, for example, posts here, here,…

Ghostwritten Attorney Newsletter is an “Ad” for TCPA Junk Fax Law Purposes–Holtzman v. Turza

By Eric Goldman Holtzman v. Turza, 08 C 2014 (N.D. Ill. Aug. 3, 2010) This case is a unremarkable straight-down-the-middle analysis of when editorial content becomes a regulated ad, which in turn makes it a remarkable case. Most editorial-content-as-ad cases…

Facebook’s Anti-Spam Filter Blocks Legitimate Conversations about Power.com

By Eric Goldman On Friday, Venkat and I posted about the latest ruling in Facebook v. Power.com. After Venkat or I make a blog post, I typically post the blog headline and URL to Twitter. I have enabled the app…