Asis Internet Services v. Consumerbargaingiveaways, LLC

ORDER RE RULE 12 MOTION

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 federal preemption, timeliness and standing. For the reasons that follow, defendants’ motion to dismiss is GRANTED IN PART and DENIED IN PART.

STATEMENT

Plaintiffs Asis Internet Services, a California corporation located in Garberville, and Joel Householter d/b/a Foggy.net, a California sole proprietorship located in Eureka, have sued Consumerbargaingiveaways, Consumer Review Network, and Directgiftcardpromotions, all Illinois or Delaware limited liability corporations, asserting violations of a California law proscribing certain unlawful activities relating to commercial email advertisements. Cal. Bus. & Prof.Code § 17529.5. For the purposes of this motion, the following wellpled allegations are taken as true.

Plaintiffs Asis and Foggy both provide internet and…