Falsity in body of message not a violation of Act.

Internet Access Services Providers LLC filed suit in the U.S. District Court of Idaho against Real Networks under various provisions of the CAN-SPAM Act, 15 U.S.C. §7701 et seq. Real Networks moved to dismiss, and the court granted its motion. The court noted that pursuant to 15 U.S.C. §7704(a)(1), a commercial e-mail message must not contain materially false or misleading “header information.” Because the only falsity that the plaintiff alleged concerned a statement contained in the body of the email, the Act did not apply.

In denying the defendant’s award of legal fees and costs, the court declined to exercise its discretion to do so, given the relatively new and uncertain scope of the CAN-SPAM Act.

Internet Access Services Providers LLC v. Real Networks, Inc., 2005 WL 1244961 (D. Idaho, May 25, 2005).