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).
Filed September 21, 2009
Opinion by Judge Benke
For Appelle: Sheppard, Mullin, Richter & Hampton, Phillip Craig Cardon and Elizabeth S. Berman