James Gordon, Jr. v. BMG Columbia House Inc

MEMORANDUM

James Samuel Gordon, Jr., appeals pro se from the district court’s summary judgment in his action alleging that defendant’s transmission of unsolicited commercial email or spam violated federal and state statutes. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, and may affirm on any basis supported by the record. Gordon v. Virtumundo, Inc., 575 F.3d 1040, 1047 (9th Cir.2009). We affirm.

The district court properly granted summary judgment as to Gordon’s claim under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”) because he lacks standing to sue under the Act. See id. at 1051-57 (explaining in analogous context that Gordon lacks standing to file a private lawsuit under the CAN-SPAM Act because he is not an adversely affected, bona fide Internet access provider).

Summary judgment on the basis of preemption was proper as to Gordon’s claim under the Washington Commercial Email Marketing Act (the “CEMA”) because Gordon failed to raise a genuine dispute of material fact as to whether this claim involved fraud or deception necessary to exempt it from the CAN-SPAM Act’s preemption clause. See id. at…