August 8, 2019
A trial court in California recently issued a ruling interpreting California Business and Professions Code Section 17529.5 (“17529.5”) in Greenberg et al. v. Digital Media Solutions LLC et al., CGC-18-572010 that has the potential to profoundly impact the email marketing industry. In dismissing claims for alleged violation of 17529.5 against an Advertiser whose website was promoted in an unsolicited commercial email message, the Court appears to have further clarified and expanded the holding of the ground-breaking spam decision in Rosolowski v Guthy-Renker LLC (2014) 230 Cal. App. 4th 1403.
What were the nature of the spam claims and reason for dismissal?