An anti-spam statute which bars the sending of unsolicited email containing falsehoods does not apply where the sender is not hawking goods or services, the Court of Appeal for this district ruled yesterday
The decision by Div. Five affirms the decision of Los Angeles Superior Court Judge Michelle Rosenblatt who awarded summary judgment to the defendants, Anil Vazirani and his company, Vazirani & Associates Financial, LLC. The opinion is not certified for publication.
The defendants were sued by Aviva USA Corporation and others based on a torrent of email Vazirani caused to be sent out by marketing companies disparaging Aviva, an insurance provider. Vazirani, an independent agent, was miffed over having been dropped by Aviva as a seller of its policies.
In February of 2011, and again on March 1 of that year, about 500,000 email went to persons in the life insurance and annuity industry and about 50,000 of the electronic messages were sent to stockbrokers