I’m coming a little late to the party, but the case of Omega World Travel, Inc. v. Mummagraphics, Inc., (4th Cir. Nov. 17, 2006) raises some interesting issues about the Controlling the Assault of Non Solicited Pornography and Marketing Act of 2003 (“CAN SPAM Act”), 15 U.S.C. §§ 7701 et seq.
Omega World Travel sent 11 emails to an email address owned by Mummagraphics, a web host company. The emails each advertised a travel “E deal.” Mark Mumma, head of Mummagraphics, called John Lawless, the general counsel of Omega and instructed him to stop sending email. Lawless said the emails would stop. They didn’t. Mumma then sent a letter threatening Omega with a suit under CAN SPAM and state anti-spam laws. The emails finally stopped.
Recently, New York AG Eliot Spitzer settled a case against Datran Media that could have some wide-ranging implications for information privacy law. Datran Media styles itself “a leading performance-based marketing company with Enabling Technology that connects marketers to consumers through a comprehensive set of email marketing and digital media services.” This is basically a verbose way of saying that it sends unsolicited email, which is perhaps a kind way of describing spam.
Datran obtained personal information from other companies which violated their privacy policies in selling the data to Datran. According to the AP: