Another Spam Litigation Factory Unravels –- Beyond Systems v. Kraft
[Post by Venkat Balasubramani] Beyond Systems, Inc. v. Kraft Foods, Inc., PJM 08-409 (D.Md. Aug. 12, 2013). We keep blogging significant spam cases, but in recent years we’ve noted the decrease in spam litigation (perhaps owing to a shift in…
Independent Contractor Relationship Between Sender and Advertiser Dooms Spam Claims – Kramer v. NCS
[Post by Venkat Balasubramani] Kramer v. NCS, 12-1956 (8th Cir. May 28, 2013) Kramer, who operated an internet service provider in Clinton, Iowa, filed an ambitious–and as it turned out, ultimately quixotic–lawsuit over spam emails. He initially sued 300 unnamed…
CAN-SPAM Violations For Private WHOIS Information and Putting Disclosures in Remotely Served Images – ZooBuh v. Better Broadcasting
[Post by Venkat Balasubramani] Zoobuh, Inc. v. Better Broadcasting, LLC, 11cv00516-DN (D. Utah May 31, 2013) Spam litigation has waned. In its place, text message litigation has blossomed. Still, once in awhile an interesting spam decision comes along, though unfortunately…
Crazy SOPA-Like Attempt to Hold International Banks Liable for Pharmacy Spam Fails on Jurisdiction Grounds–Unspam v. Chernuk
[By Venkat Balasubramani with comments from Eric Goldman] Unspam Technologies, Inc. v. Chernuk, 2013 WL 1849080 (4th Cir. May 4, 2013) We’ve mentioned “Project Honeypot,” the efforts of a company (founded by Matthew Prince) to track down and prosecute spammers….
Telephone Consumer Protection Act Case Update – February 2013 Edition
[Post by Venkat Balasubramani] Birchmeier v. Econ. Strategy Group, 12 C 4069 (N.D. Ill. Dec. 28, 2012): This was a putative class action filed against Economic Strategy Group and Caribbean Cruise Line. Plaintiff alleges that defendants made calls to their…
Court: Customer Consents to Receive Texts by Providing Phone Number to Pharmacy – Pinkard v. Wal-Mart Stores, Inc.
[Post by Venkat Balasubramani] Pinkard v. Wal-Mart Stores, Inc., 12-cv-02902 (N.D. Ala. Nov. 9, 2012) Text messaging lawsuits are out of control.* That said, a district judge granted a motion to dismiss brought by Wal-Mart in a text spam case…
Confirmatory Opt-out Text Message Not Actionable Under the TCPA — Ryabyshchuck v. Citibank
[Post by Venkat Balasubramani] Ryabyshchuck v. Citibank, 11-CV-1236 – IEG (WVG) (S.D. Ca. Oct. 30, 2012) Ryabyshchuck filled out an online credit card application. A pop-up message displayed when he entered his information alerted him to the fact that by…
9th Circuit Zings Best Buy Over Robocalls – Chesbro v. Best Buy
[Post by Venkat Balasubramani, with a comment from Eric] Chesbro v. Best Buy Stores, L.P., No. 11-35784 (9th Cir. Oct. 17, 2012) [pdf] The Ninth Circuit has issued a few consumer-favorable rulings in the unsolicited text and phone call realm….
Courts Allows Text Spam Class Action Against Voxer, a Cell Phone Walkie-Talkie App — Hickey v. Voxernet
[Post by Venkat Balasubramani] Hickey v. Voxernet, C12-373 MJP (W.D. Wash.; Aug 13, 2012) Voxer is an app that turns your cell phone into a walkie-talkie. Plaintiff sued on his own behalf and on behalf of a putative class, alleging…
Franchisor Isn’t Liable Under the TCPA for Franchisees’ Text Message Campaign – Thomas v. Taco Bell
[Post by Venkat Balasubramani with comments from Eric] Thomas v. Taco Bell Corp., SACV 09-01097-CJC(ANx) (C.D. Cal.; June 25, 2012) Thomas allegedly received unauthorized text messages as part of an advertising campaign for Taco Bell’s Nachos BellGrande (“[a] large platter…