VoIP Blogging > California's Anti-Spam Laws May Provide a Potent Weapon for ...

[Digital Media Lawyer Blog] In a case brought by two internet service providers against alleged spammers who sent their customers hundreds of emails with false header information, the Court held that §17529.5 was not preempted by CAN-SPAM: "this order will not confine the phrase "falsity or deception" to strict common-law fraud such that anti-deception state actions not insisting on every element of common-law fraud are preempted. Plaintiffs' claims are not preempted merely because the complaint fails to plead, or Section 17529.5 fails to require, reliance and/or damages."

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[TechLaw] TechLaw: CAN-SPAM Preemption Ruling Leaves State Spam Laws in Jeopardy: Plaintiffs are required to show detrimental reliance and actual damages or their claim is preempted by CAN-SPAM. Proof that an individual detrimentally relied on an e-mail message's routing information or subject line would seem to be a near-impossible hurdle.

[Electronic Communications, Privacy, Data Protection, and More] Electronic Communications, Privacy, Data Protection, and More ...: As defendant points out, however, plaintiffs fail to allege that either Blacksburg or Hall, the plaintiffs on whose behalf the claim is brought, incurred any damage as a result of having relied on such asserted false statement. Plaintiffs, essentially conceding the FAC fails to include any such allegation(s), argue the Court should reconsider its October 6, 2008 order to the extent the Court found therein that each of the plaintiffs, in order to state a claim, must allege that he or she suffered damage as a result of his or her having relied on a false or misleading statement made by defendant.

[NPR Blogs: The NPR News Blog] NPR: Ask the Candidates: Other Topics: Rather than smaller government and competitive advantages, instead taxpayers are paying more with transactions costs and graft to lobbyists. Plus these private companies often fall into a legal limbo - outside the realm of governmental accountability, quality controls and labor rules.

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