Mark Ferguson sued Palo Alto businesses Friendfinders and Conru
Interactive for allegedly clogging his e-mail inbox with
unsolicited advertisements which he found "deceptive and
misleading". The companies allegedly failed to comply with his
repeated requests to be removed from their mailing lists.
In a unanimous opinion the court wrote that the California
Business and Professions Code "does not violate the commerce clause
[of the Constitution] if it serves a legitimate public interest and
if the burden it imposes on interstate commerce is not excessive
when viewed in light of its local benefits." Further, it "does not
directly regulate commerce occurring wholly outside the state. It
expressly applies only when [unsolicited commercial e-mail] is sent
to a California resident by means of an electronic-mail service
provider who has equipment in the state."
Under California's law, unsolicited commercial e-mail must
include the letters "ADV" in the subject line, to signify it
contains an advertisement. If the e-mail is pornographic, then it
must contain the letters "ADV:ADLT".
The state statute defines "unsolicited e-mail documents" as "any
e-mailed document or documents consisting of advertising material
for the lease, sale, rental, gift offer, or other disposition of
any realty, goods, services, or extension of credit."
