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ARTICLE · 16 APRIL 2019

Virtual Cupids Hit With $3 Million CAN SPAM Judgment

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Virtual cupids. It sounds so romantic. But what was at issue in this case was anything but: whether an email service provider could recover as an "internet service provider" against a company flooding its customers' in-boxes with x-rated emails.

United StatesMedia, Telecoms, IT, Entertainment

Virtual cupids. It sounds so romantic. But what was at issue in this case was anything but: whether an email service provider could recover as an "internet service provider" against a company flooding its customers' in-boxes with x-rated emails.

Plaintiff alleged that it and its customers received thousands of email advertisements for xdating.com, a service operated by defendants. All of these emails arrived on plaintiff's email servers. The emails contained links to a registration page for xdating.com. Many of the emails purported to identify people registered on xdating.com, but in reality the people identified in the emails did not exist and were not users of xdating.com. Rather, the emails were sent from "virtual cupids": fake users created by the defendants who communicated like actual users. You can guess as to the nature of those communications.

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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