CA Supreme Court Rules in Favor of Vonage in Spam Lawsuit
When Craig Kleffman received 11 email messages offering broadband phone services from Vonage and noticed that they came from a variety of domain names, he found a lawyer and filed a lawsuit. Kleffman felt that these emails were spam (also known as junk emails) and as such a violation of a California spam law that prohibits marketers from sending messages with misleading headers.
While the emails might be annoying, the California Supreme Court ruled this week that they were not spam, and did not violate California law.
Justice Ming W. Chin wrote on behalf of a unanimous court: "We find that a single e-mail with an accurate and traceable domain name neither contains nor is accompanied by 'misrepresented … header information' ... merely because its domain name ... is 'random,' 'varied,' 'garbled' and 'nonsensical' when viewed in conjunction with domain names used in other e-mails.”
He continued: "An e-mail with an accurate and traceable domain name, makes no affirmative representation or statement of fact that is false."
And concluded: “…we hold that, on the undisputed facts of this case, sending commercial e-mail advertisements from multiple domain names for the purpose of bypassing spam filters is not unlawful under section 17529.5(a)(2).”
The ruling (which may be viewed HERE) will likely make it more difficult for internet users to sue email marketers in California, which has an anti-spam law that is broader than the federal Can-Spam law. Generally, the federal law (which bars individuals from suing for spam violations) overrules most state spam laws. There's an exception for state laws to be used when dealing with fraud.
Continue reading "CA Supreme Court Rules in Favor of Vonage in Spam Lawsuit" »
The lawsuit states that employees from Yelp contact the businesses that are listed on the website and request or demand that the company makes monthly payments to Yelp in order to have the negative reviews removed or modified. Yelp allows users to post favorable or negative customer reviews on the website about local businesses.
In order to accomplish this, the companies encouraged medical providers to invoice third party payers for Aranesp, including Medicaid, says New York Attorney General Andrew Cuomo. The rewards included retreats and other services. 
Microsoft vice president Roz Ho provided an open letter to customers of the Sidekick stating that only a small number of users are still without their personal data. However, such a warning may not be enough to keep customers. In recent conversations at T-Mobile's website, talk was about leaving the company. Users seemed to be interested in filing a class action lawsuit against Sidekick and owner Microsoft.
The company deleted the material for the eBook reader's accounts, who had paid for them, and refunded the customer's cost. Amazon cited that there were problems regarding the copyright use of the material. In September, Amazon announced that it would replace the deleted eBooks for anyone who purchased them, and that they would offer $30 gift certificates for those who did not wish to receive the eBooks again. The Kindle also allows for users to place notations within the eBooks for their personal use. Amazon also stated these would be restored.
It is possible that the 
The LA Times reports that Dannon has settled the lawsuit. It also agreed to a $35 million fund to be set up to reimburse consumers who purchase these products. The company does not admit to any wrongdoing in the case. It settled the case to, "avoid the distraction and expense of litigation" says the company's spokesman Michael Neuwirth.
The men are accused of stealing more than $320,000 from victims. Slepcevic is the founder of Paramount Disaster Recovery Inc. Although he eluded authorities for days, he turned himself in, in a 7Series BMW. Todd was arrested in California and is awaiting extradition to Louisiana. A third man, Michael Mekeel, has agreed to turn himself in.
Both companies are national competitors in the sex toy, home party business.
Former client J. Virgil Waggoner retained the Chadbourne law firm in 2002. His bill totaled $108,000.00, of which $20,000 was for legal research related to his matter. Ms. Meyer claims the research should have been only about $5000. The lawsuit alleges that Chadbourne billed Waggoner for research on an hourly basis, while paying the research on a flat fee basis.
Allen’s image (shown at right courtesy of 
A fraud alert is a notice/flag put on your credit report through the consumer reporting agencies. This flag establishes that as part of any credit approval process, you need to be notified.
An 
Plaintiffs in Los Angeles, Alameda and Monterey counties consolidated lawsuits in 2004 claiming that the named stores sold fish with chemical additives canthaxanthin and astaxanthin. The additives allegedly changed the grayish color of farm raised salmon to resemble the color of wild salmon. The lawsuit claims that the stores’ failure to disclose the use of chemical additives to consumers was misleading. The lawsuit also claims possible concerns exist over farm raised salmon and consuming artificial coloring agents.
Buckland appealed, contending the trial court erred. She argued that her claims were legally tenable. 
The next phase involves the filing of an initial pleading in court. Typically, this is the filing of a Complaint or an Answer to a Complaint. The discovery process begins, which may include serving the other side with written questions, called Interrogatories, obtaining evidence which may be in the possession of the adversary or some other party and taking depositions, the oral questioning of parties and witnesses.
