Fourth Circuit issues opinion on spam e-mails

In OMEGA WORLD TRAVEL v. MUMMAGRAPHICS, INC, the Fourth Circuit considered an alleged violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act"). At base, Mummagraphics received cruise deal e-mails from Omega and Omega brought suit over the spamming under Federal and state law. The Fourth Circuit held that the CAN-SPAM Act preempts Mummagraphics' claims under Oklahoma's statutes and that Mummagraphics failed to allege the material inaccuracies or a pattern of failures to conform to opt-out requirements that is necessary to establish liability under the CAN-SPAM Act.