Powers v. Pottery Barn, Inc., No. D054336

In a consumer class action case against Pottery Barn, trial court ruling sustaining defendant's demurrer is reversed as the Song-Beverly Credit Card Act of 1971's regulation of what may be asked of credit card customers is not a regulation of what can be sent in commercial e-mails and is not in any manner specific to e-mail, and thus, Song-Beverly is not preempted by the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM). 

Read Powers v. Pottery Barn, Inc., No. D054336

Appellate Information

Filed September 21, 2009

Judges

Opinion by Judge Benke

Counsel

For Appellant:  Harrison Patterson O'Connor & Kinkead, James R. Patterson, Harry W. Harrison and Cary A. Kinkhead; Lindsay & Stonebarger, Gene J. Stonebarger, James M. Lindsay and Richard D. Lambert

For Appelle:  Sheppard, Mullin, Richter & Hampton, Phillip Craig Cardon and Elizabeth S. Berman