California Court of Appeal

In a consumer class action case against Pottery Barn, trial court ruling sustaining defendant's demurrer is reversed as the Song-Beverly Credit Card Act of 1971's regulation of what may be asked of credit card customers is not a regulation of what can be sent in commercial e-mails and is not in any manner specific to e-mail, and thus, Song-Beverly is not preempted by the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM).

Appellate Information

• Decided 09/21/2009
• Published 09/21/2009

Judges

• BENKE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Harrison Patterson O'Connor & Kinkead, James R. Patterson, Harry W. Harrison, San Diego, and Cary A. Kinkhead; Lindsay & Stonebarger, Gene J. Stonebarger, James M. Lindsay and Richard D. Lambert, Folsom, for Plaintiff and Appellant.


• For Appellees:
  
• Sheppard, Mullin, Richter & Hampton, Phillip Craig Cardon and Elizabeth S. Berman, Los Angeles, for Defendant and Respondent.