Now in Legal Rebels:
Posted Nov 16, 2010 09:29 pm CST
Holomaxx, which sends approximately 10 million emails a day on behalf of its clients, filed suit against Yahoo, Microsoft and two others last month for improperly flagging the bulk-emailer as a spammer and refusing to deliver its emails.
Holomaxx alleges that the ISPs employ faulty spam filters without regard as to whether the filters accurately determine whether questionable emails violate the CAN-SPAM Act, which sets federal standards for commercial email, reports Eric Goldman’s Technology and Marketing Law Blog. Holomaxx asserts in the complaint that all its emails are CAN-SPAM compliant.
However, Goldman predicts that “at least a chunk of Holomaxx’s claims will likely face an uphill battle,” and notes that courts prefer to not interfere with filtering decisions.