Beyond Systems, Inc. v. Kraft Foods, Incorporated

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge NIEMEYER and Judge THACKER joined.

WYNN, Circuit Judge:

In the late 1990s and early 2000s, legislatures across the country became increasingly concerned about unwanted commercial e-mail colloquially known as “spam.” By 2004, thirty-five states had enacted some form of anti-spam legislation, though as might be expected each addressed the problem somewhat differently. See Roger Ford, Preemption of State Spam Laws by the Federal CAN-SPAM Act, 72 U. Chi.L.Rev. 355, 363 (2005). Among the common provisions in these statutes…