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Tag: state spam laws

Proxy registrations and commercial email

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 […]

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CA court requires sender identification on emails

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 […]

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Legal analysis of Hypertouch v. Valueclick

Venkat has an analysis of the Hypertouch v. Valueclick case and recent appeals court ruling.

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CAN SPAM preemption of CA law

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 […]

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Maine backs away from new marketing restrictions

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 […]

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Maine prohibits marketing to minors

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 […]

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Supreme Court declines to hear anti-spam case

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. […]

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