The State of Information Technology Law - 2011: Electronic Mail Regulation, False Advertising and Lanham Act/Standing

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XXIV. ELECTRONIC MAIL REGULATION

A. CASE LAW

1. U.S. District Courts

a. Asis Internet Services v. Subscriberbase Inc. 2010 WL 1267763

The U.S. District Court for the Northern District of California ruled on April 1, 2010 that the CAN-SPAM Act did not preempt state law in the field of “falsity and deception.” The court found that the question of whether the subject line of mass commercial e-mails is deceptive and violates state law is a question of fact for the jury, unless no reasonable trier of fact could conclude otherwise.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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