Washington Journal of Law, Technology & Arts


Susuk Lim


In Gordon v. Virtumundo, the United States Court of Appeals for the Ninth Circuit published its first opinion on private plaintiff standing requirements for actions under the federal CAN-SPAM Act. The court strictly interpreted CAN-SPAM’s enforcement language, rejecting attempts by professional litigants to insert themselves into CAN-SPAM’s limited private right of action. This Article analyzes Gordon’s treatment of CAN-SPAM’s private right of action and federal preemption provisions. It concludes by assessing the decision’s expected effect on future spam-related litigation.

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