California Court of Appeals Deals Setback to Spamigators

Not Deceptive to Use Brand Name Instead of Corporate Name or Traceable URL in From Line The California Court of Appeal (2nd District) has upheld the dismissal of Greg Rosolowski’s spam lawsuit against Guthy-Renker.  Rosolowski had tried to base a claim under the California Anti-Spam Act that Guthy-Renker’s use of names like “Proactiv Special Offer,” “Wen…

FTC Launches Crackdown on “Bogus Text Message Prize Offers”

FTC Cracks Down on Senders of Spam Text Messages Promoting “Free” Gift Cards Defendants Were Responsible for More than 180 Million Spam Text Messages The Federal Trade Commission is cracking down on affiliate marketers that allegedly bombarded consumers with hundreds of millions of unwanted spam text messages in an effort to steer them towards deceptive…

Cal Court of Appeal Decision Questions Use of Private Domains for Email

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…

Canada Passes Spam Law

CANADA-SPAM Act   Canada has passed the “Fighting Internet and Wireless Spam Act,” which closely resembles the CAN-SPAM Act with a few major differences – it applies to both email and wireless communications; requires identification of both the sender and  advertiser; establishes an opt-in requirement and establishes a private right of action. The law, which was…

E360 Scores Win, But Damages Reduced 99%

E360’s got worldwide attention when its suit against Spamhaus for defamation resulted in a $135MM default judgment against the UK entity after it waived any objection to the court’s jurisdiction and then refused to show thereafter.  The award was reversed and this time the trail court awarded the company a whopping $27,002 – or just…