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KLEFFMAN v. VONAGE HOLDINGS CORP.

No. S169195.

49 Cal.4th 334 (2010)

110 Cal. Rptr. 3d 628

232 P.3d 625

CRAIG E. KLEFFMAN, Plaintiff and Appellant, v. VONAGE HOLDINGS CORP. et al., Defendants and Appellants.

Supreme Court of California.

June 21, 2010.

Attorney(s) appearing for the Case

Hagens Berman Sobol Shapiro, Steve W. Berman, Reed R. Kathrein and Elaine T. Byszewski for Plaintiff and Appellant.

Perkins Coie, Judith B. Gitterman, Elizabeth L. McDougall and Rebecca S. Engrav for Defendants and Appellants.

Gibson, Dunn & Crutcher, Daniel M. Kolkey, S. Ashlie Beringer, Michael B. Smith and Benjamin M. Glickman for Email Sender and Provider Coalition and Value Click, Inc., as Amici Curiae on behalf of Defendants and Appellants.

OPINION

CHIN, J.—

Business and Professions Code section 17529.5, subdivision (a)(2)1 (section 17529.5(a)(2)) provides that it is unlawful to advertise in a commercial electronic mail (e-mail) advertisement—commonly known as "spam"—if the advertisement "contains or is accompanied by falsified, misrepresented, or forged header information." The...

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