Archive for Spam

Citibank Can’t Shake Text Spam Lawsuit

[Post by Venkat Balasubramani]

Laws governing SMS spam are stringent, and marketing via text messages is among the riskiest type of marketing.

If you obtain a list of phone numbers and send out text messages to these numbers, this can create liability under the Telephone Consumer Protection Act, which courts have held cover text messages, as well as phone calls. Unlike email marketing — where if you send out a non-misleading message with valid opt-out methods and honor those opt-outs you face limited risk — in the realm of text message marketing, the law is not so friendly to marketers.

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Court Rules That Facebook Posts are Subject to CAN-SPAM

[Post by Venkat Balausbramani]

Facebook, Inc. v. Maxbounty, Inc., CV-10-4712-JF (N.D. Cal.; Mar. 28, 2011)

The Northern District of California ruled that commercial posts to a Facebook user’s wall, news feed, and home page constitute “electronic mail messages” that are subject to CAN-SPAM. Two other courts in California had taken a similar approach with respect to MySpace messages (MySpace v. Wallace and MySpace v. TheGlobe.com).

Facebook brought claims against Maxbounty, which it alleged set up an affiliate scheme in violation of Facebook’s policies and procedures. As described in the complaint: Read More…