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…
Idaho District Court Dismisses CAN-SPAM Claims Due to Non-ISP Status — Melaleuca, Inc. v. Hansen
[Post by Venkat] Melaleuca, Inc. v. Hansen, Case No. CV 07-212-E-EJL-MHW (D.Id; June 29, 2010) A federal magistrate judge in the District of Idaho dismissed spam claims brought by Melaleuca, Inc., in a (recommended) decision that’s not particularly noteworthy, except…
Use of Multiple (Even Random or Garbled) Domain Names to Bypass Spam Filter Does not Violate Cal. Spam Statute — Kleffman v. Vonage
[Post by Venkat] Kleffman v. Vonage Holdings Corp., Case No. S169195 (Calif. Supreme Ct.; June 21, 2010) The California Supreme Court issued its opinion in Kleffman v. Vonage, a case certified from the Ninth Circuit. The California Supreme Court held…
Judge Kocoras Cuts Down $11MM Award Against Spamhaus to $27,000 — e360 v. Spamhaus
[Post by Venkat] e360 Insight, LLC v. The Spamhaus Project, (N.D. Ill June 11, 2010) e360 v. Spamhaus is one of these cases that’s been around so long it feels like an old friend. A few years ago, e360 got…
CAN-SPAM Plaintiff Slammed With $800K Attorney Fee Award — Asis Internet v. Optin Global
[Post by Venkat] Asis Internet Servs. v. Optin Global, Inc., et al., Case No. C-05-05124JCS (N.D. Cal. May 19, 2010) A federal court granted a request for attorney’s fees (in the amount of $806,978.84) against prolific CAN-SPAM plaintiff Asis Internet….