Ruby Corp False, Deceptive E-Mails California Class Action

The complaint for this class action claims, “In 2003, the California Legislature found that ‘[r]oughly 40 percent of all e-mail traffic in the United States is comprised of unsolicited commercial e-mail advertisements…” The legislature passed laws governing spam, but the complaint claims that Ruby Corp., Ruby Life (doing business as AshleyMadison.com), and ADL Media, Inc. have sent false and deceptive spams in violation of the California Business & Professions Code.

The plaintiff in this case, Ashley Nichols, claims that the defendants sent her at least four “unsolicited commercial e-mails.” The complaint alleges that they violated the California spam law in several ways.

  • The use of third-party domain names in the headers without the permission of the third party, made them false and deceptive. The domain names were wsj.com and target.com.
  • The e-mails were sent from a generic “From Name” with an untraceable domain name, and the sender’s identity was not readily ascertainable from the e-mails.
  • They contained subject lines that were likely to mislead the recipient.

The reason the senders used third-party domain names, the complaint alleges, is to represent to the recipient that the third parties have endorsed or approved the products and services offered. In other words, it uses the goodwill attached to these third parties to coax or trick the recipients into opening the e-mails.

The fact that the e-mails did not actually come from these domains means that they contained false, forged, deceptive, or misleading information, the complaint claims. The e-mails are also false, forged, deceptive, or misleading in that they are written to seem as if they come from someone the recipient actually knows, when in reality, they are simply spam advertisements. They are designed to hide the real sender of the e-mail when it is listed in the inbox view of an e-mail program.

Furthermore, the subject lines are intended to mislead the recipient about the contents of the e-mail. For example, the subject line “You have been given something special” was used for an e-mail where the only body text was only, “Browse and meet new women right now!”

Under the California law, advertisers are responsible for the spam e-mail sent by their outsourcing agents.

The complaint claims that Nichols had never given her consent to receive such e-mails and had no “preexisting or current business relationship” with the companies.

The class for this action is all California residents who received a false or deceptive unsolicited commercial e-mail that (1) contains or comes with a third-party domain name without the third party’s permission, (2) contains or comes with a falsified, misrepresented, or forged header information, or (3) has a subject line likely to mislead a recipient, which advertised ashleymadison.com, since March 16, 2019.

Article Type: Lawsuit
Topic: News

Most Recent Case Event

Ruby Corp False, Deceptive E-Mails California Complaint

March 16, 2020

The complaint for this class action claims, “In 2003, the California Legislature found that ‘[r]oughly 40 percent of all e-mail traffic in the United States is comprised of unsolicited commercial e-mail advertisements…” The legislature passed laws governing spam, but the complaint claims that Ruby Corp., Ruby Life (doing business as AshleyMadison.com), and ADL Media, Inc. have sent false and deceptive spams in violation of the California Business & Professions Code.

Ruby Corp False, Deceptive E-Mails California Complaint

Case Event History

Ruby Corp False, Deceptive E-Mails California Complaint

March 16, 2020

The complaint for this class action claims, “In 2003, the California Legislature found that ‘[r]oughly 40 percent of all e-mail traffic in the United States is comprised of unsolicited commercial e-mail advertisements…” The legislature passed laws governing spam, but the complaint claims that Ruby Corp., Ruby Life (doing business as AshleyMadison.com), and ADL Media, Inc. have sent false and deceptive spams in violation of the California Business & Professions Code.

Ruby Corp False, Deceptive E-Mails California Complaint
Tags: Deceptive E-Mails, False, Spam