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AOL Spam Case Dismissed Over Jurisdiction Problem

Posted by timothy on from the approach-slowly-swing-fast dept.

An anonymous reader submits "AOL's suit against several Florida-based spammers has been dismissed by a federal judge in Virginia. The judge said the case was tossed because AOL failed to show that Virginia had jurisdiction over the case Apparently being HQ'd in VA and spamming VA residents isn't enough to sue the bastards in Virginia. AOL plans to appeal."

1 of 32 comments (clear)

  1. Re:good by the+argonaut · · Score: 2, Interesting

    1. I don't think they were suing under CAN-SPAM (I highly doubt they could have gotten a case in that quickly after it was signed). I believe it was a state law they were suing under.

    2. Federal courts have the same (personal) jurisdiction as the state they are in. So even if they were suing under a federal law (or if the damages were over $75,000 and citizenship is diverse (which it is)), they would have to bring suit in federal court in a state that has personal jurisdiction over them, which in this case would definitely be Florida, and apparently not Virginia.

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    fuck you.