California Court of Appeal

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Rosolowski v. Guthy-Renker, B250951

In this case, plaintiffs allege that commercial "spam" emails sent by defendant misrepresented header information and had misleading subject lines in violation of Business and Professions Code section 17529.5. Dismissal is affirmed, where: 1) a header line in a commercial email advertisement does not misrepresent the identity of the sender merely because it does not identify the official name of the entity which sent the email, or merely because it does not identify a traceable domain name; and 2) the body of the emails made clear that free shipping or free gifts were contingent upon a purchase, and a reasonable sender would not have reason to believe that commercial missives like these were likely to deceive a recipient about a material fact regarding the contents or subject matter of the message.

Appellate Information

  • Decided 10/29/2014
  • Published 10/29/2014

Judges

  • Klein

Court

  • California Court of Appeal

Counsel