Judge Sides with MediaWhiz in Email Marketing Case
Today, performance marketing firm MediaWhiz stated that a California Superior Court judge has ruled in favor of its WhiteDelivery division and four other defendants, rejecting all of a plaintiff’s claims that included practices including sending unsolicited email.
In court, Judge Neal Cabrinha ruled against Infinite Monkey, the plaintiff that allegedly purchased domain names, redirected email sent to those domain names to Infinite Monkey, and subsequently filed lawsuits for the alleged receipt of unsolicited emails. Cabrinha found that the plaintiff is not a “recipient” under California law on unsolicited commercial email, because the emails “were not intended for plaintiff.” The judge also ruled on October 30 that Infinite Monkey’s business was not impeded, because its servers were set up for the sole purpose of capturing allegedly unsolicited email.
Additonally, the judge rejected Infinite Monkey’s claims for unlawful business practices and unlawful advertising practices, due to the fact that no tangible damage was incurred.
“As a leading email marketing company that is committed to following industry best practices and maintaining stringent compliance measures, we are very pleased that the court’s decision found in favor of our business model,” stated Yannick Tessier, Co-President, MediaWhiz and founder of WhiteDelivery, in a statement.
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