The domains from which these emails originated were not traceable to Defendants. Subscribe and unlock even more online features for senior dating: The discrete issue addressed by the Supreme Court in Kleffman was whether sending unsolicited commercial e-mail advertisements from multiple domain names for the purpose of bypassing spam filters constitute falsified, misrepresented, or forged header information within the meaning of section The court found the Legislature did not intend subdivision a 2 "generally to prohibit the use of multiple domain names.
A "from" line is not materially false or deceptive merely because it does not identify the official name of the entity which sent the email, or merely because it does not identify an entity whose domain name is traceable from a WHOIS database search. Plaintiffs cannot plausibly allege that People Media attempted to conceal its identify, as the clear purpose of the emails was to drive traffic to People Media's website. WHOIS data is compiled by registrars from information submitted by registrants. The gravamen of the allegations in the operative first amended complaint is that People Media advertised its website, SeniorPeopleMeet. People Media demurred, contending Plaintiffs' claims should be dismissed because they were preempted by federal law, specifically, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 15 U. By this point you have a pretty good idea what you are looking for in senior dating. Kleffman also concluded that construing the statute otherwise would raise a substantial question with respect to federal preemption. This paragraph does not apply to truthful information used by a third party who has been lawfully authorized by the advertiser to use that information. The theory of the case is manifest already and will not improve just by adding more prolixity and surmise to a pleading with more than enough already. It is the best way to meet senior singles, mature dating for the 50 plus community. The header information [was] 'falsified' or 'misrepresented' because Trancos deliberately created it to prevent the recipient from identifying who actually sent the message. We recognize that what people want in their 50s, 60s, and beyond is often very different from what they wanted in their 30s and 40s. Standard of appellate review. Exhibit A allegedly was sent to Rosolowski. In the header of the emails, instead of identifying the sender as People Media, the "from" line indicated the sender was "Mature Single," "Mature Singles," "Mature Singles Dating" or "Big Beautiful Women," entities which do not exist and which are not registered as fictitious names. As stated in the Congressional findings accompanying the Act, the federal statute was intended to 'to implement "one national standard" [citation]' regarding the content of commercial e-mail because 'the patchwork of state laws had proven ineffective. We conclude, as did the trial court, that no cause of action was stated and affirm the judgment of dismissal. Guided by the above, we turn to the facts of the instant case. Kleffman, supra, 49 Cal. While expressly declining to define the full scope of the statutory phrase " 'misrepresented. Shortly after California adopted S. Each of your past relationships taught you something special about yourself and others. AppAdvice does not own this application and only provides images and links contained in the iTunes Search API, to help our users find the best apps to download. Further, the domains from which these emails originated were not traceable to People Media, and a "WHOIS search would not identify [People Media] as the registrants of the domains from which the emails originated. At the outset of its analysis, Kleffman noted there was no dispute the domain names used in the challenged emails "actually exist and are technically accurate, literally correct, and fully traceable to Vonage's marketing agents," and the emails therefore "neither contained nor were accompanied by 'falsified. While, as Kleffman states, an e-mail with an accurate and traceable domain name makes no affirmative representation or statement of fact that is false, an e-mail with a made-up and untraceable domain name affirmatively and falsely represents the sender has no connection to Trancos.
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