Practice Area: Internet
Outcome: MaryCle won appeal; MTD reversed
Description: MaryCle, LLC asserted that despite its efforts to discontinue receiving spam emails from appellees, 59 additional emails were sent to appellants in one month. Upon ruling on First Choice Internet's motion to dismiss, the trial court determined that MaryCle had not caused tortious injury in Maryland nor had regularly conducted business within the State to have allowed it to exercise personal jurisdiction over appellees. The court disagreed and held that jurisdiction was proper and the application of the Maryland Commercial Electronic Mail Act ("MCEMA") did not offend the Commerce Clause of the United States Constitution. The court found that but for First Choice's alleged transmission of spam, appellants would not have suffered an injury. The court also found that First Choice purposefully availed themselves of the privilege of conducting business in Maryland by directly causing the emails to be sent to Maryland as to other states. The MCEMA did not violate the Commerce Clause since it addressed the conduct of spammers in targeting Maryland consumers. The trial court erred in finding no personal liability on the part of the president since he did not produce an affidavit denying his participation in the mailings.