Touch of Modern, an online retailer selling “cool” stuff to “members only” is being accused for violating California laws against SPAM emails. The company identifies its member through their email addresses. In addition, it encourages members to submit their friends’ emails to get some benefits. Then, the company sends unsolicited emails to anyone whose email address they have obtained through any means. The initial complaint claims that in addition to the illegal email collection and illegal email campaigns the company has illegal processes in place for unsubscribing from the numerous and annoying emails.
The consumers have no clear option of “unsubscribing” form the mailing list. One has to visit the website, register with the company and only then be able to unsubscribe, which does not work at all times. The law does not allow unsolicited emails in the first place. Requiring consumers, who want to have nothing to do with the company, to register to be able to unregister further violates a set of rules.
A major class action law firm based in Los Angeles is investigating this issue. It is possible that Touch of Modern is violating several California statutes, including the California Business and Professions Code Sections 17529.4, 17529.5, and 17529.8.
According to the code section 17529.8. (a) (1) (B) the defendant can be held liable each email sent improperly in the amounts ranging from $1,000 to $1,000,000. The law firm estimates that each individual receives a minimum of 5 such unsolicited emails within a month. Looking at this numbers the company could be facing charges ranging in the millions of dollars due to their set illegal email campaigns and business model. The law firm did not comment on any violations of possible Federal laws at this time.
If you have any questions, or think your email account has been used by this or other company, call The Margarian Law Firm at (818) 553-1000.