Tagstate spam laws

March 16, 2012

Proxy registrations and commercial email

By laura
2 Min read
3 comments
16March

Yesterday the law firm Venable, LLP published a document discussing the recent California appellate court decision in Balsam v. Trancos. Their take is that commercial email that contains a generic from line and is sent from a proxied domain is a violation of the California Business and Professions Code § 17529.5(a)(2). The Trancos decision affects marketers using email to drive traffic to their...

March 7, 2012

CA court requires sender identification on emails

By laura
2 Min read
2 comments
07March

Venkat analyzes the appeals court decision in Balsam v. Trancos, Inc.. In this case the appeals court decided that emails have to identify some actual person or entity they are sent by or from. Emails that do not identify the sender are in violation of the California anti-spam statute. Venkat talks about all the reasons he thinks this is a problematic ruling, and the CA courts and anti-spam...

January 19, 2011

CAN SPAM preemption of CA law

By laura
2 Min read
2 comments
19January

The California court of appeals returned a ruling yesterday in the Hypertouch v. ValueClick case. This is a case I haven’t talked about at all previously, but I think this ruling deserves a mention. The short version is that Hypertouch sued Valueclick in 2008 under both CAN SPAM and the California anti-spam law. Eventually the judge in the case ruled that there was no clear evidence of...

September 3, 2009

Maine backs away from new marketing restrictions

By laura
2 Min read
1 comment
03September

The WSJ reports that politicians in Maine have figured out that the new Maine law prohibiting collecting information from teenagers without parental permission is badly written and has a lot of problems. The Attorney General has decided not to enforce the law as it stands. The law does contain private right of action, so there may be private suits filed against companies. I can’t...

August 12, 2009

Maine prohibits marketing to minors

By laura
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12August

Last week, the state of Maine passed a law prohibiting marketing using personal information to minors without verifiable consent from a parent or guardian. From what I understand, this law started out as a prohibition on using health information for marketing and expanded to any personal information. The law defines personal information as: 4. Personal information. “Personal...

March 31, 2009

Supreme Court declines to hear anti-spam case

By laura
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31March

Yesterday the Supreme Court declined to hear an appeal for Virginia v. Jaynes. This means that the Virginia state supreme court ruling overturning the Virginia anti-spam law currently stands. Jeremy Jaynes was a well known spammer who went under the name Gavin Stubberfield. He was pretty famous in anti-spammer circles for sending horse porn spam. In 2003 he was arrested under the Virginia state...

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