South Dakota Company Sues California Firm for Unsolicited E-mails

Gage E-Services a business company based in Sioux Falls (South Dakota) and Knowledge Matrix Inc., a company in California are fighting legal battles regarding spam mails, published businessweek.com dated October 19, 2011.

Actually, during the 2011 summer, Gage warned of a lawsuit against Knowledge when the latter dispatched an unsolicited e-mail to Matt Gage co-founder of Gage E-Services.

The spam recipient's company Gage E-Services dispatched an official correspondence demanding $750 over breach of a state act of 2007, according to which, marketers are entitled to dispatch unwanted e-mails to only those people who've a relationship with the former.

The correspondence threatened Knowledge that it'd be dragged to court unless it paid the $750.

Lately, Knowledge filed court documents in the South Dakota U.S District Court requesting that Gage be stopped from filing the lawsuit under federal judiciary's instruction. Also according to the documents, the federal "Controlling the Assault of Non-Solicited Pornography and Marketing Act" (CAN-SPAM Act) of 2003 prevents state acts related to commercial e-mails. Further, the e-mail, which Knowledge dispatched, isn't misleading, fake, alternatively breaches the act, the documents claim.

Meanwhile, Gage sued another firm based in Colorado from Minnehaha County (South Dakota) for dispatching promotional e-mails.

Advocate Patrick Glover, the prosecutor in the case stated during the 2nd-week of October 2011 that the intention vis-à-vis filing the legal suit within state court as well as the warnings about legal suits mentioned within the company's correspondences, associated with making out-of-state firms aware of the way for conducting entrepreneurial operations inside South Dakota. Argusleader.com published this on October 18, 2011.

On October 18, 2011 itself, Advocate Jon Arneson on behalf of Knowledge stated that he'd rather refrain from talking about the current litigation. Argusleader.com published this.

Glover too, on October 18, 2011, stated that his client was merely implementing an act for consumer-protection of 2007.

Essentially the statute of South Dakota rules that marketers can dispatch spam mails merely to people who've a relationship with the former. Also, the e-mail ids gathered mustn't be through an automated manner alternatively purchased from an automation-reliant organization, as also the spam mail's caption should be labeled "ADV" meaning advertisement.

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» SPAMfighter News - 10/29/2011