Confirmatory Opt-Out Text Message Doesn’t Violate TCPA – Ibey v. Taco Bell
[Post by Venkat Balasubramani] Ibey v. Taco Bell Corp., 12 CV 0583 (HVG) (S.D. Cal.; June 18, 2012) Plaintiff responded to an invitation to complete a survey about Taco Bell and “voluntarily sent a text message . . . to…
Men’s Journal Beats Lawsuit Alleging Violation of California’s “Shine the Light” Privacy Statute — Boorstein v. Men’s Journal
[Post by Venkat Balasubramani with comments from Eric] Boorstein v. Men’s Journal LLC, 12-771 DSF (Ex) (C.D. Cal.; June 14, 2012) California’s Shine the Light (STL) statute is a little unusual in that it mandates that businesses make specific disclosures…
Court Refuses to Dismiss Claims Against Alleged Twitter-Bot Spammer–Twitter v. Skootle
[Post by Venkat Balasubramani] Twitter, Inc. v. Skootle Corp., et al., 2012 WL 2375486 (N.D. Cal.; June 22, 2012) Twitter sued several alleged spammers, including (1) those who provided software for the use of automated account creation and tweeting, and…
Is SOPA’s “Follow the Money” Meme Infecting Anti-Spam Litigation? – Project Honey Pot v. Does
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Group Text Services Grapple with TCPA Class Actions
[Post by Venkat Balasubramani] Pimental v. Google Inc., No. 11-2585 (N.D. Cal.; Mar. 2, 2012) Plaintiffs sued Google (and Slide), asserting that text messages sent via the “Disco” service offered by Google violated the Telephone Consumer Protection Act. As I…
California Appeals Court Says Emails That Don’t Identify Sender Violate State Spam Statute – Balsam v. Trancos
[Post by Venkat Balasubramani] Balsam v. Trancos, Inc., 2012 WL 593703 (Ca. Ct. App.; Feb. 24, 2012) It seemed like most emailers and anti-spam activists have moved on from worrying about spam email to other things, such as social networks,…
Facebook Gets Decisive Win Against Pseudo-Competitor Power Ventures — Facebook v. Power Ventures
[Post by Venkat Balasubramani, with comments from Eric] Facebook, Inc. v. Power Ventures, Inc., et al., C 08-05780 JW (N.D. Cal.; Feb. 16, 2012) The long-running dispute between Facebook and Power Ventures came to a close last week, with Judge…
Nov.-Dec. 2011 Quick Links, Part 3
By Eric Goldman Marketing and Advertising * Facebook is putting Sponsored Stories in user newsfeeds. Naturally, they will make the ad label almost invisible. Yet another reason to hate Facebook, and what a desperate act of financial overreaching to goose…
Old School Spam Plaintiff Rebuffed in the Ninth Circuit
[Post by Venkat Balasubramani] Gordon v. BMG Columbia House, 10-35180 (9th Cir. Nov. 28, 2011) Gordon v. Inviva, 10-35283 (9th Cir. Nov. 28, 2011) Gordon v. Commonwealth Mktg. Group, 10-35030 (9th Cir. Nov. 28, 2011) James Gordon has generated more…