A judge in California has dismissed a $45 million spam lawsuit brought by Internet service provider Hypertouch against ValueClick. In a 22-page decision issued Monday, Los Angeles Superior Court
judge Richard Adler ruled that Hypertouch's California state law claims were preempted by the federal CAN-SPAM Act. That law preempts all state spam laws except for those dealing with fraud.
Last
year, ValueClick agreed to pay $2.9 million to settle a Federal Trade Commission probe of the
company's marketing tactics.--Wendy Davis