California Assemblyman Ed Chau (D-Monterrey Park) has drawn a lot of attention this year. The former IBM and Unisys computer engineer turned lawyer was the lead sponsor of the California Consumer Privacy Act (CaCPA). He also was the author of AB 2546 a bill that would substantially rewrite California’s existing anti-spam law, which apparently was…
Sacramento Gone Wild California Passes Landmark Privacy Law Net Neutrality and Emails Bills Advance LISTEN VIA THESE CHANNELS LINK LINK LINK LINK LINK Laws, like sausages, cease to inspire respect in proportion as we know how they are made. John Godfrey Saxe We will attempt to cover the whirlwind of activity from the…
The Intellectual Property Law Section and the Internet and Privacy Law Committee of the Business Law Section of the California Lawyers Association have issued a joint letter opposing AB 2546 amending California’s existing commercial email law. The California Lawyers Association is a newly formed entity comprised of the various legal practice sections that formerly were…
Assemblyman Chau has released an amended version of AB 2546 (which amends California’s existing commercial email law) that reflects changes won during the hearing before the Senate Business, Professions and Economic Development Committee (a copy of which is below). The bill, whose primary proponent appears to be plaintiff’s lawyer Dan Balsam (who also would be the bill’s…
On Monday, the California Senate Business, Professions and Economic Development (“BP&ED”) Committee held a hearing and voted on AB 2546, Assemblyman’s Chau’s wish list for plaintiff’s lawyers. The Internet Law Center submitted its opposition to the bill and appeared at the hearing to argue against Assemblyman Chau and Dan Balsam, the bill’s principal proponent. We…
California’s 2005 anti-spam law, which is designed to address deceptive email practices, is one of the toughest in the country. This week the California Assembly likely will vote on amendments to the law that will seriously harm e-commerce companies and charitable organizations in California and beyond. Assemblyman Chau’s (D-San Gabriel Valley) AB 2546, was primarily…
When it comes to regulating commercial email, California has a checkered history at best. 2003 – California Almost Shuts Down Commercial Email In 2003, California almost shut down all commercial email in the United States when it passed the poorly drafted California Anti-Spam Act (“CASA”) banning the sending of unsolicited commercial email. I testified against…
Cal Court of Appeal Affirms Dismissal of Spam Complaint Without Leave to Amend Yesterday, the California Court of Appeal (1st District) released its opinion In Dewitt v Footlocker (Cal Court of Appeal Case No A141847). The court upheld the trial court’s sustaining demurrers to the complaint without leave to amend. The trial court did not…
April 20, 2015 A Dozen Things in Tech You Need to Know Happy Patriot’s Day! Patriot’s Day commemorates that Battle of Lexington and Concord and the “shot heard ’round the world” that began the American Revolution. It is a holiday in Maine and Massachachusetts and celebrated by, among other things, the running of the Boston…
ZooBuh is a Utah-based Internet access service which provides email, chat, and blogging services to approximately 35,000 customers worldwide and is one of the more recent entrants to the anti-spam litigation club. In 2011 it filed several actions under the CAN-SPAM Act in Utah federal court against Better Broadcasting, LLC and other defendants. [Full disclosure…
In Balsam v Trancos (Cal. Ct. App. Nos. A128485, A129458 – February 24, 2012), the Court of Appeal affirmed the trial court’s $7,000 judgment in favor of notorious spamigator Dan Balsam under California’s anti-spam law (Business & Professions Code Section 17529 et seq.) It is the only case under the statute to actually go to trial…
Michigan Email Law Preempted Under CAN-SPAM A Michigan Federal Court dismissed a complaint under Michigan’s commercial email statute finding that it was preempted by the CAN-SPAM Act of 2003. As interpreted, the federal law only permits state regulation dealing with material falsity or deception in emails, but the court found that the Michigan law was…
IN THE COURTS Zip and Spam California Supreme Court Rules Zip Codes Are Private The Song-Beverly Credit Card prohibits a retailer from requiring or requesting that a consumer provide certain personal information. In a surprise decision, the Supreme Court held that a consumer’s zip code fell within the reach of the statute. As there are…
Last week I was quoted in an AP story on professional spam litigant Dan Balsam whom I have opposed and even sued a few times. The AP article was followed by a series of television and radio segments on Balsam and I appeared on several them (see below). In light of some of the questions…
Cyber Report 