ASIS Internet Services v. Azoogle.com, Inc., Case No. 08-15979 (9th Circuit)

Karl Stephen Kronenberger

Case Conclusion Date:December 9, 2009

Practice Area:Litigation

Outcome:Decision for defendant, affirmed on appeal.

Description:On December 2, 2009, the Ninth Circuit affirmed the granting of summary judgment to Azoogleads.com, Inc. in a spam lawsuit. My firm represented Azoogleads.com before both the district court and the Ninth Circuit. The original lawsuit had alleged that Azoogleads.com had procured the sending of several thousand unlawful commercial emails in violation of CAN-SPAM, 15 U.S.C. §7701 et seq. and California Business & Professions Code section 17529.5. The district court had rejected the plaintiff’s claims on multiple grounds, finding that the plaintiff had not suffered the necessary adverse effects to maintain a CAN-SPAM action and that the plaintiff had offered no evidence that Azoogleads.com had known about let alone procured the emails at issue in the lawsuit. In a unanimous decision, the Ninth Circuit affirmed the district court’s order, finding that “the mere cost of carrying SPAM emails over Plaintiff’s facilities does not constitute a harm as required by the statute.” The Ninth Circuit also found that the plaintiff and appellant, ASIS Internet Services, had produced no evidence that AzoogleAds.com had known about or procured the emails at issue. This decision marks another important spam-related decision in an action defended by my firm.

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