Legal Research

Update on CAN-SPAM Complaint Mills' Tenuous Legal Posture

By David Badertscher, PLL

Source: Lexology, December 18, 2009.

Update on CAN-SPAM complaint mills' tenuous legal posture
Davis Wright Tremaine LLP
"In our entry CAN-SPAM Complaint Mills - Time For A New Business Model? pointing to our advisory on the Ninth Circuit?s decision in Gordon v. Virtumondo, Inc., we noted the court?s holding that private suits to enforce the CAN-SPAM Act are limited to bona fide Internet access service providers who genuinely suffer 'adverse affects' attributable to email that violates the law, its recognition of non-misleading commercial email as a legitimate marketing tool, and its concerns about a CAN-SPAM 'cottage industry' that has been set up 'to profit from litigation.' " 

Full post as published by New York Supreme Court Criminal Term Library on December 18, 2009 (boomark / email).