Legal Question in Technology Law in California

Seeking Damages From Spam in CA

I have received several unsolicited commercial emails from a local business that are in violation of the CAN-SPAM act's provisions on inclusion of opt-out method and physical address. Can I claim damages in small claims for these violations? And does the CAN-SPAM act nullify Section 17529 of the California Business and Professions code (which they also violated), or can I still file for damages under state law?


Asked on 6/06/07, 4:36 pm

3 Answers from Attorneys
Johm Smith tom's

Re: Seeking Damages From Spam in CA

You can get a free consultation with our CA attorney on this matter.

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Answered on 6/06/07, 5:21 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Seeking Damages From Spam in CA

The California law, Business & Professions Code sections 17529 et seq., is apparently valid when the destination of the spam is in California; an earlier version of the law was tested for Constitutionality in 2002 and was upheld. See Ferguson v. Friendfinders, Inc. (2002) 94 Cal.App.4th 1255.

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Answered on 6/06/07, 6:52 pm
Timothy J. Walton Internet Attorney

Re: Seeking Damages From Spam in CA

CAN-SPAM requires that you be an ISP in order to be able to sue. So, unless you are an ISP, you cannot sue in small claims court for violations of CAN-SPAM.

You can sue for violations of the California law if you can show that the headers are deceptive, because CAN-SPAM has an exception to its preemption clause.

I have gotten judgments for millions of dollars in California court since CAN-SPAM passed, on behalf of recipients of spam, not ISPs. I was also attorney of record in Ferguson v. Friendfinders. If you would like to discuss your particular factual situation, please feel free to contact me directly.

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Answered on 6/06/07, 11:23 pm


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