Spam Law

Internet Law Firm Secures Another Victory in Spam Lawsuit

  |   Thursday, May 21, 2009

On March 19, 2009 the Honorable Maxine Chesney of the Northern District of California dismissed a spam lawsuit filed by Hypertouch, Inc. against Azoogle.com and several other Defendants. Azoogle was represented by Kronenberger Rosenfeld.  The lawsuit had alleged that Azoogle had sent or advertised in hundreds of thousands of emails that violated the California spam law, located at Business & Professions Code section 17529.5.  The Court threw out the plaintiff's complaint, finding that the plaintiff had alleged fraudulent conduct, but had failed to plead such conduct with the specificity required by Federal Rule 9(b).   The Court also dismissed the plaintiff’s claim to the extent it had been brought after the expiration of the statute of limitations.  Deciding a question of first impression, the court found that under California Code of Civil Procedure 340(a), a one year statute of limitations applied to claims brought under section 17529.5 where the claims seek statutory damages, because such damages act as a penalty.

Hypertouch, Inc. v. Azoogle.com, Inc. et al., Case No. 08-4970 (N.D. Cal.) [D.E. No. 99]

This entry was posted on Thursday, May 21, 2009 and is filed under Spam Law, Internet Law News.




Jeffrey M. Rosenfeld
Partner




Related articles

Law Firm Updates
Karl Kronenberger Appointed Co-Chair of California State Bar…

Partner Karl S. Kronenberger has been appointed as Co-Chair of the Cyberspace Law Committee of the State Bar of California. His one-year term commenced on…

Read More

Spam Law
Firm Prevails on Summary Judgment Against Professional Spam…

On June 11, 2014, the firm prevailed on behalf of its client on its summary judgment motion in Alameda Superior Court in the case of Timothy…

Read More