Friday, May 12, 2006

Maryland Spam, Part Two

The Court of Special Appeals of Maryland reinstated the Maryland Commercial Electronic Mail Act (MCEMA), which prohibits anyone from sending or assisting in the sending of emails with false or misleading information from computers in Maryland or to Maryland residents. The Court reversed the Circuit Court (see below post), and held that (1) the MCEMA does not violate the Commerce Clause of the United States Constitution (2) the state did not lack personal jurisdiction over defendant First Choice, a New York based Internet marketing company, in a suit alleging MCEMA violations, and (3) the company’s president could be held personally liable for the company’s alleged violations. MaryCLE v. First Choice Internet, Inc., —-A.2d—-, 2006 WL 173659 (Md.App.).


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