A California ISP is suing again using CAN-SPAM and the Computer Fraud and Abuse act. There have been hundreds of CAN-SPAM lawsuits, generally targeting spam operations selling things like fake Viagra and Iraqi Most Wanted playing cards. This lawsuit is different because it is going after a division of Kraft, Gevalia Kaffee. Gevalia has long been a questionable mailer. It is even held up as the example for a mailer with an established brand and corporation and poor mail practices. The lawsuit alleges Gevalia sold addresses, forged header data, even using ABC news text to fool spam filters.
This ISP, Hypertouch, is a brave plaintiff. Its suit against Bobvila.com was one of the first filed under CAN-SPAM and is now being settled. Now it is picking a fight with a giant company even the large ISPs have not sued. That said, Gevalia has been sued before. LLBean sued in Maine over pop-up ads sponsored by Gevalia and others; Gevalia settled the complaint and agreed not to sponsor those ads any longer.