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| CarpeLaw attorneys are recognized
worldwide for their authoritative, accurate, analytical and
unique knowledge of CAN-SPAM issues, at both the federal and state levels.
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Constitution Law and CAN-SPAM Attorneys |
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| CarpeLaw PLLC's Practice includes expertise in CAN-SPAM related issues, not
only in compliance and audits, but also in successful representation of individuals and companies who have been
accused of violating the federal CAN-SPAM Act and similar state laws. |
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IMPULSE MEDIA BEATS DOJ!
In July 2005, the Federal Trade Commission lodged civil CAN-SPAM complaints against nine companies alleging that
they were responsible for spam emails that had been sent by them or by their affiliates.
Eight of the nine companies, Cyberheat of Tucson, Arizona, APC Entertainment, Inc., of Davie, Florida,
MD Media, Inc., of Bingham Farms, Michigan, Pure Marketing Solutions, LLC, of Tampa, Florida,
TJ Web Productions, LLC, of Tampa, Florida, and BangBros.com, Inc., RK Netmedia, Inc., and
OX Ideas, Inc., LLC, of Miami, Florida entered into stipulated consent decrees. Impulse Media Group, Inc.
of Seattle, Washington chose to defend itself against the allegations made by the FTC.
The Department of Justice asserted that the CAN-SPAM statute imposed strict-liability on producers
such as Impulse Media for the actions of its non-agent, independent-contractor affiliates.
However, the two courts to consider that argument rejected the DOJ's contention. In March 2008 the
remaining defendant, Impulse Media Group, went to trial. At trial, it was determined that IMG's
Affiliate Agreement specifically prohibited spam bulk-email and that if an affiliate violated that
agreement, it would be terminated from the program. In fact, several affiliates had been terminated for
that very reason.
After a 2½ day trial, where IMG was represented solely by CarpeLaw's legal team, the jury retired
to determine whether Impulse Media should be held liable for the bad acts of its affiliates. Three
and one-half hours later, the jury returned with a verdict that IMG was not liable and that the emails
were the fault of the affiliates. To-date, the FTC has not prevailed at trial in any of its civil CAN-SPAM
claims.
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ADSCEND MEDIA BEATS DOWN A.G. DEMANDS!
In January 2012, the Washington State Attorney General lodged a civil complaint against Adscend Media
LLC in the U.S. District Court for the Western District of Washington alleging that Adscend had
violated the federal CAN-SPAM Act, the Washington State Consumer Email Act and the Washington Consumer Protection Act
by allegedly hijacking the "like" feature of Facebook.
Counsel for Adscend immediately contacted CarpeLaw attorneys to solicit their assitance and guidance in the
effective defense against the A.G.'s claims. The A.G., in collaberation with Facebook, alleged that Adscend had
generated $20 million per year from its alleged clickjacking schemes.
A scant 4 months after bringing their claims, the A.G. agreed to settle the dispute with Adscend by agreeing to accept
the amount of $100,000, reflecting the legal fees and costs incurred by the A.G. in pursuing its claims against Adscend.
Adscend consistently denied the A.G.'s claims and agreed to settle the dispute purely as a business decision.
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