Question: How does the court explain the role of preemption? What part of the Oklahoma statute does the court find is preempted by CAN-SPAM? Countless commercial
How does the court explain the role of preemption? What part of the Oklahoma statute does the court find is preempted by CAN-SPAM?
Countless commercial email messages, known colloquially as "spam," pass through the Internet every day, inspiring frustration, countermeasures, and-as here-lawsuits. Based upon eleven commercial email messages, Mummagraphics, Inc., a provider of online services, seeks significant statutory damages from Omega World Travel, Inc., a Virginia-based travel agency ("Omega"); Gloria Bohan, Omega's president and founder; and Cruise.com, Inc., a wholly owned subsidiary of Omega (collectively, "appellees"). Mummagraphics alleges that Cruise.com sent the messages in violation of the Controlling the Assault of Non Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act"), as well as Oklahoma law.
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In determining whether state legislation is preempted by federal legislation the court states ... View full answer
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