Legal Niches

CAN-SPAM Complaint Mills - Time For A New Business Model?

Be sure to check out our advisory on Gordon v. Virtumundo, Inc.  There, you'll find our review of the recent 9th Circuit decision clarifying that private suits to enforce the federal CAN-SPAM Act – apart from the FTC, state attorneys general, and other state/federal agencies statutorily authorized to bring claims – are limited to bona fide Internet access service providers, who genuinely suffer 'adverse affects' attributable to email that violates the law.  We also discuss the 9th Circuit's 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.'  Read more at www.dwt.com/LearningCenter, or click here.

Full post as published by The Privacy and Security Law Blog on August 11, 2009 (boomark / email).