OMEGA WORLD TRAVEL v. MUMMAGRAPHICS, INC.
Nov 17, 2006OUTCOME: Prevailed in first impression of federal statute.
This was a case of first impression under the CAN-SPAM Act, 15 U.S.C.A. § 7707, et.seq. Cruise.com a subsidiary of Omega World Travel transmitted emails to the defendant after recieving an electronic ... opt-in transmission that presumabley came from Defendant. Defendant threatened to sue for violations of both Oklahoma and Federal restrictions on the transmission of commercial email unless Plaintiff paid him $6,000. Plaintiff refused and sued Defendant for defamation. Defendant countered for spam violations. The counter suit was dismissed and Defendant appealed. On appeal the court ruled in Omega's favor. The Court ruled that the CAN–SPAM Act preempted Oklahoma statutes on false information in e-mail and on opt-out requests and that alleged inaccuracies in the e-mail headers did not violate the CAN–SPAM Act.
