Kleffman Certified to California Supreme Court


Kleffman is a CAN-SPAM case on appeal which seemed like it would squarely address the preemption issue. 

Oral argument was scheduled in December (2008).  Then the court decided the case was suitable without oral argument.  Now the Ninth Circuit certified the following question to the California Supreme Court:
Does sending unsolicited commercial e-mail advertisements from multiple domain names for the purpose of bypassing spam filters constitute falsified, misrepresented, or forged header information under Cal. Bus. & Prof. Code ยง 17529.5(a)(2)?
Access the Ninth Circuit order here.  I have to admit that's the last thing I expected.  I did not see that one coming.

The issue is sort of interesting, and the California Supreme Court's pronouncement will likely have some influence in other cases. 

Previous posts on Kleffman:  here: no oral argument and here: reaction to original ruling.  

Thanks to a commenter for pointing this out.  It warms the heart of a blogger when people point out stuff in email or comments.  Thanks!
 
Posted by Venkat at 12/20/2008 7:32 AM
Categories: CAN-SPAM, Class Actions, voip
 
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