Alleged Spammer Must Face Suit in Utah for Emails Sent to State

Utah internet service provider XMission LC persuaded the Tenth Circuit on Friday that a supplement company that allegedly spammed XMission customers with unsolicited emails can be sued in the state despite being based in Virginia.

PureHealth Research is subject to personal jurisdiction in Utah because XMission’s suit claims the company deliberately sent the spamming emails to Utah residents, the court said. XMission has made a prima facie showing that PureHealth “purposefully directed its conduct” at Utah and that XMission’s “injuries arose out of” PureHealth’s emails—giving Utah courts authority to hear the case, according to Judge Veronica S. Rossman of ...