A two-year-old case between the Federal Trade Commission and Impulse Media Group Inc. was settled in the US District Court in Seattle last week, finding Impulse Media not responsible for sexually explicit e-mail spamming by its affiliates.
The CAN-SPAM Act requires either actual or constructive knowledge of an affiliate’s spamming with the ability to profit by it, something that the FTC could not prove in this case, according to the judge.
Impulse Media said that it terminated relationships with affiliates that broke its anti-spam rules; however, the FTC countered that affiliates weren’t required to read any rules and that terminated ones were able to return.
