Legal Opinion
Asis Internet Services v. Consumerbargaingiveaways, LLC
District Court, N.D. California
Decided April 17, 2009No. C 08-04856 WHAPublishedCited by 9 opinions
1Opinion of the Court
ORDER RE RULE 12 MOTION
WILLIAM ALSUP, District Judge.
INTRODUCTION
Plaintiffs bring this action under California’s law defining unlawful activities relating to commercial email advertisements. Providers of internet and email services allege that defendants sent nearly one thousand unsolicited and misleading advertisements to email addresses serviced by them. They seek statutory damages. Defendants move to dismiss on multiple grounds including federal preemption, timeliness and standing. For the reasons that follow, defendants’ motion to dismiss is GRANTED IN PART and DENIED IN PART.
STATEMENT
Plai…
2Cases cited11 opinions
- Gonzales v. OregonSupreme Court of the United States · 2006
- Federal Trade Commission v. StefanchikCourt of Appeals for the Ninth Circuit · 2009
- Michael FREEMAN, Plaintiff-Appellant, v. the TIME, INC., Magazine Company, Et Al., Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1995
- Household Credit Services, Inc. v. PfennigSupreme Court of the United States · 2004
- Grisham v. Philip Morris U.S.A., Inc.California Supreme Court · 2007
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gordon v. Virtumundo, Inc.Court of Appeals for the Ninth Circuit · 2009
- Hypertouch, Inc. v. Valueclick, Inc.California Court of Appeal · 2011
- Balsam v. Trancos, Inc.California Court of Appeal · 2012
- Asis Internet Services v. Vistaprint USA, Inc.District Court, N.D. California · 2009
- Gordon v. Virtumundo, Inc.Court of Appeals for the Ninth Circuit · 2009
4 more not listed; retrieve them via the Exa API.