Summary Judgment Denied in Impulse Media Group Spam Case

SEATTLE — U.S. District Court Judge Robert S. Lasnik has denied a joint motion for summary judgment in the case of U.S. vs. Impulse Media Group, parent company of the SoulCash affiliate program. Impulse was charged with violating the CAN-SPAM Act and the Adult Labeling Rule.

While the U.S does not allege that Impulse itself originated or transmitted spam, it argues that the company “procured the transmission of improper emails.” Under the act, parties procure the transmission of an email message when they “intentionally pay or provide other consideration to, or induce, another person to initiate such a message on one’s behalf.”

Impulse’s culpability centers on the word “intentionally” in the definition of “procure” contained in the law. It argues that it cannot be held liable because the U.S. has not offered evidence that the company intended its affiliates to send spam, which is a violation of SoulCash’s terms of service.

The U.S. counters that Impulse Media Group is liable for injunctive relief regardless of its knowledge because Congress explicitly chose to impose such liability in the law. The court agreed with the government on this point (but still has to prove intent), saying that Impulse Media Group does not need to be aware of its affiliates’ violation of CAN-SPAM to be held liable for injunctive relief.

“However, given the inclusion and context of the word ‘intentionally’ in the act’s definition of ‘procure’ the Court cannot conclude that CAN-SPAM triggers liability without a threshold showing that the defendant intended to pay or induce another to send commercial email,” Lasnik said in the motion denying summary judgment. “While the scope of CAN-SPAM is broad, especially with regard to injunctive relief, its reach is not endless.”

The court rejected the U.S.’s effort to characterize the CAN-SPAM Act as a strict liability statute that would penalize “anyone who may have induced another party to send violative emails, regardless of whether they intended the party to send commercial emails in the first place. This interpretation of the act would render the word ‘intentionally’ in the act’s definition of ‘procure’ meaningless.”

Ultimately the court must decide on Impulse Media Group’s intent. Lasnik questioned the material facts of the company’s intent, thus rejecting the motions for summary judgment.

Impulse Media Group’s attorney Robert Apgood told XBIZ that he expects a scheduling order from the judge, which will delineate trial dates.

“The judge concluded that there wasn’t enough evidence one way or the other to determine intent,” Apgood said. “The abuse [on behalf of] affiliates does not implicate Impulse Media Group’s liability in this case. The marketing material the company provides was intended for webmasters to use, not emailers. I’m actually pleased by the order because it answered certain questions very clearly; some of the government’s arguments were untenable to begin with.”

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

SWR Data Publishes 'Clip Trend' Report

Adult industry market research outfit SWR Data has published a report on the performance of clip platforms and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters, by country, for December and January.

Jim Austin Joins CrakRevenue Team

Online industry veteran and business strategist Jim Austin has been hired by CrakRevenue.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Holly Randall Soft Launches 'Wet Ink' Magazine

Holly Randall has officially soft-launched the creator-focused publication Wet Ink Magazine.

Show More