spam Archives - KEYTLaw's Blog

Man Quits Job, Makes Living Suing Email Spammers

My Way: “Eight years ago, [Daniel] Balsam was working as a marketer when he received one too many e-mail pitches to enlarge his breasts. Enraged, he launched a Web site called Danhatesspam.com, quit a career in marketing to go to law school and is making a decent living suing companies who flood his e-mail inboxes”

California Plaintiff Wins Lawsuit Against Spammer & Gets $7,000

San Francisco Chronicle: “A judge has awarded a San Francisco attorney $7,000 in damages in a rare trial under California’s anti-spam law – $1,000 for each unsolicited, misleading commercial e-mail he received. The ads violated California’s 2004 anti-spam law . . . . [that] prohibits sending an uninvited commercial e-mail from California, or to a California recipient, that misrepresents either the source or the subject.”

The Tagged.com Spam Cases: New York & Texas Attorney General Actions Show the Effectiveness of States’ Retained Powers to Regulate Spam

Digital Media Lawyer Blog: “The enactment of the Federal CAN-SPAM Act preempted many State laws that attempted to prohibit marketers from sending mass commercial emails. However, CAN-SPAM did leave one key area of enforcement open to the states. The State may still enforce laws restricting commercial emails to the extent that such laws prohibit ‘falsity or deception.’ 15 U.S.C. § 7707(b)(1). However, this exception is proving about as narrow as the Grand Canyon.”

“The latest examples of State enforcement of spam are the actions by the New York and Texas Attorneys General against Tagged, Inc., which were both resolved in the past week. See Attorney General of New York, Internet Bureau, In the matter of: Tagged, Inc., Assurance of Discontinuance (Nov. 6, 2009), Texas v. Tagged, Inc., Travis County District Court, No. D-1-GV-09-002032,”