Fandom

The IT Law Wiki

Ferguson v. Friendfinders

32,640pages on
this wiki
Add New Page
Talk0 Share

Citation Edit

Ferguson v. Friendfinders, Inc., 94 Cal.App.4th 1255, 115 Cal.Rptr.2d 258 (2002) (full-text).

Factual Background Edit

A California resident sued two California businesses and an individual, alleging that defendants violated California Bus. & Prof. Code § 17538.4 by sending him unsolicited commercial e-mail (UCE) — also known as “spam” — that was deceptive and misleading. The lower court ruked that the statute “unconstitutionally subjects interstate use of the Internet to inconsistent regulations, therefore violating the dormant Commerce Clause of the U.S. Constitution.”[1]

Appellate Court Proceedings Edit

The appellate court reversed, holding that the statute only regulated spam sent to California residents through an e-mail service with equipment within the state, by requiring that the sender identify itself, provide a way for recipients to get removed from the email list, and to include the message “ADV:” as the first four characters of the subject line. As a result, the court found that there was no violation of the dormant Commerce Clause.

Comments Edit

This case follows an earlier ruling by the Washington state Supreme Court,[2] which upheld a similar state law against the an identical claim.

ReferencesEdit

  1. U.S. Const., art. I, §8, cl. 3.
  2. State v. Heckel, 143 Wash.2d 824, 24 P.3d 404 (2001) (full-text).

Ad blocker interference detected!


Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.