An alleged spammer is appealing its case to the California Supreme Court a month after an appeals court upheld the state's anti-spam law, ruling that it does not violate the U.S. Constitution. Ira Rothken, attorney for Friendfinder and Conru Interactive, said he filed a brief Tuesday asking the state supreme court to review the ruling.
In 1999, California resident Mark Ferguson sued Friendfinder and Conru, alleging that they had sent him and others unsolicited e-mail advertisements that were deceptive, misleading and in violation of state law. In January, a California appeals court upheld the state's anti-spam law, which requires unsolicited messages to be labeled as advertisements and include an address or toll-free phone number recipients can use to tell the sender to stop sending documents. The ruling reversed a decision by a San Francisco Superior Court judge, who ruled that California's anti-spam law is unconstitutional.