www.sorehands.com (142825) writes "In the first case brought by a ½Âoespam½Â recipient to actually go to trial in California, the Superior Court of California held that people who receive false and deceptive spam emails are entitled to liquidated damages of $1,000 per email under California Business & Professions Code Section 17529.5. http://danhatesspam.com/california.html
In the the California Superior Court ruling, Judge Weiner made many references to the fact that Defendants used anonymous domain name registration and used unregistered business names in her ruling. This is different from the Gordon case where in Gordon, one only had to perform a simple whois lookup to identify the sender, here Defendants used from lines of "Paid Survey" and "Your Promotion" with anonymously registered domain names.
Judge Weiner's decision makes it clear that the California law is not preempted by the I CAN-SPAM Act. This has been determined in a few prior cases, including my own. See http://www.barbieslapp.com/spam for some of those cases."
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