Email Marketing Compliance

Our readers may recall a prior piece in which we discussed email marketing compliance, and a California statute which prohibits the sending of false or misleading unsolicited commercial email. With the marketing industry's renewed reliance on email marketing, there is a corresponding increase in lawsuits alleging violations of California's email marketing statute. Below, we discuss the facts and claims asserted in one such recent California State court lawsuit.

California Unsolicited Email Marketing Claims

In Rogers, et al. v. Rely Home, Inc., et al., Plaintiffs alleged that Defendants violated Section 17529.5 of the California Business and Professions Code ("CBPC") by "spamming" consumers with unsolicited commercial email. Specifically, the Complaint alleged that Plaintiffs received, without their consent, 199 purportedly violative marketing emails which: (1) used third party domain names without the third-party's permission for the prohibited purpose of sending