United States Fourth Circuit

In suit alleging spam e-mail messages were sent in violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 and Oklahoma law, summary judgment for defendants is affirmed as the Act pre-empts plaintiff's claims under Oklahoma law, and plaintiff failed to allege the material inaccuracies or pattern of failures to conform to opt-out requirements that is necessary to establish liability under the Act.

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• Before WILKINSON and DUNCAN, Circuit Judges, and RICHARD L. VOORHEES, United States District Judge for the Western District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kelly O. Wallace, Wellborn & Wallace, L.L.C., Atlanta, Georgia, for Appellant.  James P. Hodges, Leesburg, Virginia, for Appellees.   ON BRIEF:  Richard S. Toikka, Metropolitan Legal Services, L.L.C., Rockville, Maryland, for Appellant.  Thomas J. Powell, Fairfax, Virginia, for Appellees.