Groundbreaking Email Marketing Decision?

In a recent decision, a federal district court in San Francisco dismissed email marketing-related California State legal claims against Sauphtware, Inc. d/b/a "Panda Mail," finding that Panda Mail's delivery of email on behalf of third-party advertisers did not, in and of itself, amount to advertising.  The ruling would appear to absolve emailers of liability for sending commercial email messages to California State residents that are prepared by third-party advertisers and do not feature products or services of the mailer itself.

What are the takeaways for emailers?

Email Marketing Campaign and Lawsuit

In September 2016, a number of California State residents sued Panda Mail, certain of its advertising partners and other third parties in San Francisco County Superior Court (Case No. 16-554299) for alleged violations of California Business and Professions Code § 17529.5, which forbids email advertisements containing false or deceptive subject lines and header