Californian’s Emails Gives Idaho Jurisdiction Over Can-Spam Case

A California resident who sent over 100 emails to Idaho to recruit executives from a competing marketing firm can be sued in Idaho for violating the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (Can-Spam Act).

Daryl Hansen filed a motion to dismiss the case. He argued that he could not be sued in Idaho because the court lacked personal jurisdiction over him. A federal judge disagreed, finding that “he purposefully directed his emails” to certain individuals “and he knew these employees were located in Idaho.”

Hansen worked as an independent marketing executive for a multi-level marketing company. He contacted the individuals in Idaho to see if they would be interesting in hearing information about the company he represented and possibly go to work for the company. The court found that “but for Defendant Hansen’s sending the e-mails through Melaleuca’s server and to its employees, Melaleuca would not have been injured under the Can-Spam Act.”

Melaleuca, Inc. v. Daryl Hansen and Svetlana Belova, U.S. Dist. Court Idaho, No. CV 07-212-E-EJL, July 18, 2008.