Court Finds that SMS Spam Messages are Subject to the TCPA and Rejects First Amendment Defense — Abbas v. Selling Source, LLC
[Post by Venkat] Abbas v. Selling Source, LLC, Case no. 09 CV 3413 (N.D. Ill.; Dec. 14, 2009). I didn’t think there was much dispute as to whether SMS spam falls under the Telephone Consumer Protection Act, but Judge Gottschall’s…
Court Rejects Computer Fraud & Abuse Act Claim Based on Unsolicited Text Messages–Czech v. Wall Street on Demand
[Post by Venkat] Czech v. Wall Street on Demand, Inc., No. 09-180 (DWF/RLE) (Dec. 8, 2009). A Minnesota district judge rejected claims brought under the Computer Fraud and Abuse Act based on the receipt of unsolicited text messages. There’s not…
Ninth Circuit Rebuffs Another CAN-SPAM Plaintiff — Asis Internet Services v. Azoogle.com, Inc.
[Post by Venkat] The Ninth Circuit recently rejected [pdf] two appeals brought by CAN-SPAM plaintiff Asis Internet Services. The trial court granted summary judgment in favor of Azoogle and awarded costs. See Eric’s earlier blog post on that ruling. Asis…
“Spam Filter Ate My Electronic Filing Notice” Plaintiffs Get Another Chance — Shuey v. Schwab
[Post by Venkat] The “spam filter ate my electronic filing notice” excuse was an inevitable byproduct of the CM/ECF electronic filing system now in place in federal courts. As expected, courts have not been very sympathetic to this excuse. In…
Tagged Settles Spam and Address Book Harvesting Claims Brought by NY and TX Authorities
[Post by Venkat] Tagged, which is supposedly the “third-largest social networking site in the world” (whatever this means) recently settled enforcement actions brought by New York and Texas Attorneys General. (See coverage at Bits and Media Post.) The basic allegations…
October 2009 Quick Links
By Eric Goldman Just a reminder that I am posting most of these types of links exclusively to my Twitter feed. * Tricome v. eBay, Inc., 2009 WL 3365873 (E.D.Pa. Oct 19, 2009). Court upholds eBay user agreement’s venue selection…
Internet Obscenity Conviction Requires Assessment of National Community Standards–US v. Kilbride
By Eric Goldman U.S. v. Kilbride, 2009 WL 3448360 (9th Cir. Oct. 28, 2009) Jeffrey Kilbride and James Schaffer were porn spammers, operating through Ganymede Marketing, a Mauritian company. I previously blogged on their case in 2007. Their spam failed…
Tucows Not Liable for Spam Judgment Against 3rd Party Based on Private Registration Services — Balsam v. Tucows
[Post by Venkat] Judge Breyer (N.D. Cal.) rejected an attempt by a spam plaintiff to hold a registrar liable for a judgment against a third party based on private registration services provided by the registrar. (Balsam v. Tucows Inc., et…
Power.com Counterclaims Dismissed — Facebook v. Power Ventures
[Post by Venkat] Facebook and Power Ventures have been involved in a lawsuit over whether Power.com can allow its users to access user data on Facebook’s network. Facebook brought suit against Power.com asserting a slew of claims ranging from copyright…
Q3 2009 Quick Links, Part 4
By Eric Goldman Spam * Ars Technica: “a disturbing number of e-mail users respond to spam, and not just because they’re dumb—some of them did so because they were actually interested in the product or service.” I collected some empirical…