Hartley thrown out: Good news for permission, bad news for spammers
Since December 2023, nationwide, around a dozen class action lawsuits have been filed in federal district courts alleging violations of the same Arizona statute.1 At least two cases (Hartley and Mills) have motions to dismiss with Hartley the first to be decided. This post will examine Hartley and its implications.23 What are these cases alleging?
“Forget Me!” Handling Data Deletion Requests as a Data Processor
People have more control over their personal information than ever before. Regulations like the GDPR (General Data Protection Regulation), CCPA (California Consumer Privacy Act), and even the new TDPSA (Texas Data Privacy and Security Act) grant users the “right to erasure,” also known as the “right to be forgotten.” This means they can request that
Tulsi Gabbard performs a public service
5 March 2020
Back in August of 2019, the Tulsi Gabbard campaign (“Tulsi Now, Inc.”) sued Google after Google temporarily suspended the campaign’s Adwords account after the first Democratic Presidential Candidate Debates (Marinucci & Strauss, 2019). Earlier this week, in a move that should have surprised absolutely no one, the judge in the case threw out the lawsuit
Laws Still Apply to Bad Ideas
30 January 2020
On Monday, I posted that “[acp title=”Forcing Consent Is A Bad Idea” medium=”blog” url=”https://www.spamtacular.com/2020/01/27/forcing-consent-is-a-bad-idea/” year=”2020″ month=”January” day=”27″ author=”Mickey Chandler” id=”me-02″ day_access=”29″ month_access=”January” year_access=”2020″]{title}[/acp]”. The point was to tell say that, regardless of legal issues, there are very practical reasons in favor of setting a policy of not trying to force consent. But, just because there
Oklahoma does … something?
23 January 2020
On January 13, 2020, the Oklahoma House received a nonsense bill. Rep. Collin Walke, Oklahoma E-Mail Communication Content Privacy Protection Act, (2020). This bill is intended to “make it illegal for companies, like Google or Microsoft, that host email servers to glean information from users.” Collin Walke, Facebook Post, Facebook (2020), https://www.facebook.com/Walkefor87/posts/2657786940984444 (last visited Jan
US Supreme Court to consider TCPA case
10 January 2020
https://www.supremecourt.gov/docket/docketfiles/html/public/19-631.html is the docket page for Barr, et al., v. American Association of Political Consultants, Inc., et al. This is a TCPA case involving automated calls with both the Petitioner and the Respondent in agreement as to what they feel the outcome should be. The favored result would probably gut the TCPA’s prohibition against the
Real impacts of spam
15 February 2018
I don’t talk about it very often, but there are some real consequences to the mere existence of spam. In 2004, the FTC mentioned it as a driver in address churn*(Federal Trade Commission 2004). Of course, unwanted messages get lost. Finally, we can blame the mere existence of spam for the existence of spam filters.
Man charged with sending 1 meeeellion spam emails in 4 years
8 February 2017
Michael Persaud of Scottsdale, Arizona, a longtime ROKSO spammer, has been arraigned on charges of 10 counts of wire fraud. Luke Wilusz, Man charged with sending more than 1M spam emails, Chicago Sun-Times (2017). It is alleged that, between 2012 and 2015, Mr. Persaud sent more than a million spam emails. I haven’t seen the charging
So tell us how you REALLY feel
22 February 2016
People will sometimes ask me why I hate the Lead Generation (lead gen) and Payday Loan industries. Ultimately, it’s because they have such deep problems that I don’t think that any self-respecting ESP should take them on as a client. This morning, I saw a [acp author=”United States Federal Trade Commission” id=”FTC-01″ title=”Data Broker Defendants Settle FTC
What happened to Compu-Finder?
5 March 2015
The CTRC said today that it has issued its first penalty against someone for sending emails violating Canada’s anti-spam law. The Canadian Radio-television and Telecommunications Commission, CRTC Chief Compliance and Enforcement Officer Issues $1.1 Million Penalty to Compu-Finder for Spamming Canadians, Government of Canada (2015), https://www.canada.ca/en/news/archive/2015/03/crtc-chief-compliance-enforcement-officer-issues-1-1-million-penalty-compu-finder-spamming-canadians.html (last visited Jun 2, 2024). The penalty is substantial (C$1.1