Spam Law
Ninth Circuit Affirms Kronenberger Rosenfeld’s Summary Judgment in Spam Lawsuit
| Saturday, December 05, 2009On December 2, 2009, the Ninth Circuit affirmed the granting of summary judgment to Azoogleads.com, Inc. in a spam lawsuit. Internet attorneys, Kronenberger Rosenfeld, represented Azoogleads.com before both the district court and the Ninth Circuit. The original lawsuit had alleged that Azoogleads.com had procured the sending of several thousand unlawful commercial emails in violation of CAN-SPAM, 15 U.S.C. §7701 et seq. and California Business & Professions Code section 17529.5. The district court had rejected the plaintiff’s claims on multiple grounds, finding that the plaintiff had not suffered the necessary adverse effects to maintain a CAN-SPAM action and that the plaintiff had offered no evidence that Azoogleads.com had known about let alone procured the emails at issue in the lawsuit. In a unanimous decision, the Ninth Circuit affirmed the district court’s order, finding that “the mere cost of carrying SPAM emails over Plaintiff’s facilities does not constitute a harm as required by the statute.” The Ninth Circuit also found that the plaintiff and appellant, ASIS Internet Services, had produced no evidence that AzoogleAds.com had known about or procured the emails at issue. This decision marks another important spam-related decision in an action defended by Kronenberger Rosenfeld.
ASIS Internet Services v. Azoogle.com, Inc., Case No. 08-15979 (9th Circuit) [D.E. 7148004]
Click here to view the Ninth Circuit's opinion.
MOST RECENT
-
Defending ADA Claims
Monday, February 22, 2021 -
Copyright Small-Claims Court: Creation and Implications
Monday, February 08, 2021 -
Do You Need A Cookie Notice
Saturday, February 06, 2021 -
Liana Chen Named Partner of the Firm
Tuesday, January 12, 2021 -
What is Esports Law? (an Interview with Kate Hollist)
Thursday, January 07, 2021
RELATED PRACTICE AREAS
Related articles
Spam Law
Canada Gets a Tough New Anti-Spam Law
Canada’s new anti-spam law (the “CASL”) will go into effect on July 1, 2014. As the CASL imposes more exacting requirements on the use of...
Spam Law
Webinar Now Available: Spam Law Update - Guidance
Email spam litigation can have a significant financial impact on advertisers, ad networks, and affiliated companies sending bulk email. While the federal and state spam...
Spam Law
Internet Law Firm Succeeds on Summary Judgment in
On March 27, 2008 the Honorable Joseph C. Spero of the Northern District of California granted summary judgment to defendant Azoogleads.com, Inc. in a spam...
Spam Law
Firm Prevails on Summary Judgment Against Professional Spam
On June 11, 2014, the firm prevailed on behalf of its client on its summary judgment motion in Alameda Superior Court in the case of...