NEXT CYBER LAW AND BUSINESS REPORT WEDNESDAY SEPTEMBER 19TH, 2012 10AM – 11AM PACIFIC ON WEBMASTERRADIO.FM SEGMENT 1: JOHN DU WORS and LEEOR NETA talk about their successful effort to have the California Spam Law declared unconstitutional as preempted by Federal law. Backgrounder SEGMENT 2: JILLIAN YORK, the Director of International Freedom of Expression, Electronic Frontier…
NOTEBOOK John Du Wors, Newman Du Wors Leeor Neta, Golden Gate University Du Wors and Neta won a major victory last week in the U.S. District Court for the Northern District of California when the court dismissed a claim under the California state spam law as preempted by the CAN-SPAM Act. I The Case Davison…
Advertiser Settles Text Messaging Claim under TCPA for $47 Million Jiffy Lube’s parent corporation may pay $47 million under a class action settlement arising from sending text messaging wthout opt-in consent in violation of the Telephone Consumer Protection Act. Unlike CAN-SPAM which does not impose any opt-in requirements, text messages require opt-in consent under the TCPA.…
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…
9th Cir. – Cal Spam Statute Has Heightened Pleading Requirement and 1 Yr SOL In a four page decision, the 9th Circuit affirmed the District Court’s dismissal of the complaint in Hypertouch v. Azoogle et al. finding that allegations of fraudulent conduct under California’s spam law must be plead with particularity and that it was subject…
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