Calif. Appeals Court Says Anti-Spam Law Not Preempted

Law360, New York (February 27, 2012, 3:17 PM EST) -- A California appeals court on Friday upheld a judgment against an email marketer, rejecting the marketer's argument that California's anti-spamming law was preempted by a federal law requiring a higher standard of proof for fraud.

A trial court ruled in 2009 that Trancos Inc. must pay attorney Daniel Balsam $7,000 in liquidated damages and $81,900 in attorney's fees for violating California anti-spamming law by sending him seven unsolicited emails. Because the messages were sent from various dummy names designed to disguise the sender's identity, the trial...
To view the full article, register now.