The Secure Times

An online forum of the ABA Section of Antitrust Law's Privacy and Information Security Committee

‘Assisting’ In The Transmission Of Spam May Constitute ‘Initiating’ The Transmission Of Unlawful Messages Under The CAN-SPAM Act

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A corporate officer that "assists" in the transmission of allegedly misleading and deceptive commercial e-mail messages may be deemed to have "initiated" the transmission of spam under the federal CAN-SPAM Act.  Omni Innovations, LLC v. Impulse Marketing Group, Inc., No. C06-1469, 2007 U.S. Dist. LEXIS 51867 (W.D. Wash. July 18, 2007). In denying the motion to dismiss CAN-SPAM Act claims against the corporate officer, the court found that more than one person may be considered to have initiated an e-mail message under the Act.  The court found that the defendant corporate officer who allegedly "assisted" with the spam may be considered to have "initiated" the unlawful messages, that is, to "originate or transmit the message oneself or to procure such action by inducing another person to transmit the message."

Opinion http://www.thelen.com/tlu/OmniInnovationsVImpulseMarketing.pdf

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Author: ABA Antitrust

Learn more about the ABA Section of Antitrust Law: http://ambar.org/antitrust

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