California Spam Law Claims Are Not Preempted Merely for Lack of Damages

A claim brought under California’s anti-spam statute need not set out specific damages or reliance in order to survive preemption by the federal CAN-SPAM Act, the Northern District of California ruled April 20 (Asis Internet Services v. Member Source Media LLC).

The court adopted the reasoning of an earlier Northern District of California case, Asis Internet Services v. Subscriberbase Inc., No. 09-3503 SC, 2010 U.S. Dist. LEXIS 33645 (N.D. Cal. Apr. 1, 2010) (15 ECLR 591, 4/14/10), to rule that a claim challenging false and deceptive e-mails under California law need not set out ...