Kleffman v. Vonage Holdings Corp.

Opinion

CHIN, J.

Business and Professions Code section 17529.5, subdivision (a)(2) (section 17529.5(a)(2)) provides that it is unlawful to advertise in a commercial electronic mail (e-mail) advertisement—commonly known as “spam”—if the advertisement “contains or is accompanied by falsified, misrepresented, or forged header information.” The issue this case presents is whether, under this section, it is unlawful to send commercial e-mail advertisements from multiple domain names for the purpose of bypassing spam filters. We hold that, on the undisputed facts of this case, the answer is “no.”

Factu…