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ASIS INTERNET v. CONSUMERBARGAINGIVEAWAYS, LLC

No. C 08-04856 WHA.

622 F.Supp.2d 935 (2009)

ASIS INTERNET SERVICES, a California corporation, and Joel Householter, d/b/a Kneel and Engineering, d/b/a Foggy.net, Plaintiffs, v. CONSUMERBARGAINGIVEAWAYS, LLC, an Illinois Limited Liability Company, d/b/a Opinionresearchpanel a/k/a Opinionresearchpanel.com, Consumer Review Network, LLC, a Delaware Limited Liability Company, d/b/a Consumerreviewnetwork.com, Directgiftcardpromotions, LLC, an Illinois Limited Liability Company, d/b/a Laptopreviewpanel, a/k/a Laptopreviewpanel.com, Jeff M. Zweben, and Does one through Fifty, inclusive, Defendants.

United States District Court, N.D. California.

April 17, 2009.

Attorney(s) appearing for the Case

Jason K. Singleton, Richard E. Grabowski, Singleton Law Group, Eureka, CA, for Plaintiffs.

Richard J. Idell, Idell & Seitel LLP, San Francisco, CA, Richard Brian Newman, Klein Zelman Rothermel LLP, New York, NY, Joseph Samuel Leventhal, Cooley Godward Kronish, LLP, San Diego, CA, for Defendants.

ORDER RE RULE 12 MOTION

WILLIAM ALSUP, District Judge.

INTRODUCTION

Plaintiffs bring this action under California's law defining unlawful activities relating to commercial email advertisements. Providers of internet and email services allege that defendants sent nearly one thousand unsolicited and misleading advertisements to email addresses serviced by them. They seek statutory damages. Defendants move to dismiss on multiple grounds including...

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