Welcome to the CarpeLaw PLLC CAN-SPAM expertise page. Here you will be able to access information regarding our Law Firm and our unique history of representing companies and individuals with business and legal needs related to federal and state CAN-SPAM compliance and defense of claims made against them alleging CAN-SPAM violations.

CarpeLaw PLLC is focused on Constitutional questions and CAN-SPAM Issues


CarpeLaw attorneys are recognized worldwide for their authoritative, accurate, analytical and unique knowledge of CAN-SPAM issues, at both the federal and state levels.

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.

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 2 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.

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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