Calif. Law Not Preempted By CAN-SPAM: Court

Law360, New York (September 22, 2009, 1:11 PM EDT) -- A California appeals court has reinstated a purported class action against Pottery Barn Inc. over its practice of asking customers for their e-mail addresses when making a credit card purchase, ruling that the federal anti-spam law does not preempt state legislation barring stores from seeking personal information at checkout.

On Monday the California Court of Appeal for the Fourth Appellate District reversed a trial court decision sustaining the home furnishings retailer's demurrer to the litigation brought under the state's Song-Beverly Credit Card Act of 1971, which...
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