Recent AdditionDesigner Skin LLC v. S & L Vitamins, Inc., et al. |
CAN-SPAM Act - Internet Library of Law and Court Decisions - Updated December 21, 2005Civil No. 05-040-S-EJL, 2005 WL 1244961 (D. Idaho, May 25, 2005)
The Court holds that the inclusion of allegedly false information in the body of an e-mail does not constitute a violation of either Sections 7704(a)(i) or (b)(A)(ii) of the CAN-SPAM Act, 15 U.S.C. §7701 et seq. and accordingly dismisses a complaint asserting claims alleging their violation. 1 CA-CV 02-0701 (Arz. Crt. App., September 20, 2005)
Court holds defendant's unauthorized transmission of commercial e-mails automatically converted by recipient's cell phone carrier into text messages runs afoul of the Federal Telephone Consumer Protection Act, 47 U.S.C. §227 ("TCPA"). Such conduct constitutes a prohibited use of an "automatic dialing system" to make a "call" to a "telephone number assigned to a cellular telephone service." 47 U.S.C. §227 (b)(1)(A)(iii). The Court further held that the TCPA was neither preempted by the CAN-SPAM Act's regulation of such conduct, nor an unconstitutional regulation of speech that violated the First Amendment. |
