Spam Law

Internet Law Firm Succeeds on Summary Judgment in CAN-SPAM Lawsuit.

  |   Thursday, May 01, 2008

On March 27, 2008 the Honorable Joseph C. Spero of the Northern District of California granted summary judgment to defendant Azoogleads.com, Inc. in a spam lawsuit.  Internet Law Firm, Kronenberger Rosenfeld, represented Azoogleads.com in this proceeding.  The lawsuit alleged that Azoogleads.com had procured the sending of several thousand unlawful commercial emails in violation of CAN-SPAM, 15 U.S.C. §7701 et seq. and California Business & Professions Code section 17529.5.  The Court rejected the plaintiff’s claims on multiple grounds, finding that plaintiff had not suffered the necessary adverse effects to maintain a CAN-SPAM action, and that the plaintiff had offered no evidence that Azoogleads.com had known about let alone procured the emails at issue in the lawsuit.  This is a significant decision in the limited arena of CAN-SPAM jurisprudence.  The decision helps clarify the rules by which online marketers must act.

ASIS Internet Services v. Optin Global, et al., Case No. 05-5124 (N.D. Cal.) [D.E. 401]

Click here to view the order granting summary judgment to Azoogleads.com.

This entry was posted on Thursday, May 01, 2008 and is filed under Spam Law, Internet Law News.




Karl S. Kronenberger
Partner




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