California Court of Appeal

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Hypertouch, Inc. v. Valuclick, Inc., B218603

In an action alleging defendants violated Business & Professions Code section 17529.5, subdivision (a), which prohibits entities from advertising in a commercial electronic message (e-mail) that contains various types of deceptive content, grant of summary judgment to defendant is reversed where the CAN-SPAM Act does not preempt plaintiff's claims and defendants have failed to satisfy their initial burden to produce evidence showing the nonexistence of any triable issue of fact with respect to whether they violated section 17529.5.

Appellate Information

  • Decided 02/10/2011
  • Published 02/10/2011

Judges

  • ZELON

Court

  • California Court of Appeal

Counsel

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