“The decision in the lawsuit brought by the Federal Trade Commission (FTC) against Impulse Media Group was handed down this week, and for many it was a shocker. There were many claims of spam from Impulse Media Group’s affiliates, and so many thought that the lawsuit was a slamdunk.
They were wrong.
You see, here’s the thing – as many know – lawsuits often turn on a legal technicality. And that’s because the facts of the case have to match the law under which the case was brought. Exactly.
Now, I’m very familiar with the affiliate spam section of CAN-SPAM. That’d be because I wrote it. Senator McCain’s office contacted me while I was still the CEO over at Habeas, and asked for my help drafting “some language to go after affiliates who spam” (that would be why this section is called the “McCain Amendment). That is the clause under which Impulse Media Group was sued.
And, the bottom line is, the FTC coudn’t prove their case. “