California Court of Appeal

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Balsam v. Trancos, Inc., A128485

In a suit alleging violations of the Anti-spam law and the Consumers Legal Remedies Act (CLRA): 1) judgment awarding statutory damages and attorney fees to the plaintiff is affirmed, where a) header information in a commercial e-mail is falsified or misrepresented for purposes of the Anti-spam law when it uses a sender domain name that neither identifies the actual sender on its face nor is readily traceable to the sender using a publicly available online database such as WHOIS, b) the federal CAN-SPAM Act did not preempt application of California‘s Anti-spam Law under the circumstances, and c) there was no abuse of discretion in the attorney fees award; and 2) judgment denying the plaintiff relief under the CLRA and finding a chief executive officer not personally liable is affirmed.

Appellate Information

  • Decided 02/24/2012
  • Published 02/24/2012

Judges

  • Margulies

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Nelson & Weinkauf, Timothy J. Walton


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