Alleged Email Spammer Lacks Ties to Utah, Can’t Be Sued There

An internet service provider can’t proceed with its suit against a digital marketing company for allegedly spamming its Utah customers because it can’t show the marketer purposely directed its activities to the state, the Tenth Circuit affirmed Thursday.

The case highlights “problematic issues that arise from trying to base personal jurisdiction on use of the Internet for mass marketing to unidentified persons,” the court said.

XMission LC, a Salt Lake City-based ISP, alleged Fluent LLC sent more than 10,000 unsolicited emails to 1,100 XMission customers, prompting more than 5,000 complaints, according to the court. The emails allegedly used the promise ...