Impulse Media Prevails in CAN-SPAM Case

SEATTLE — A Seattle jury has returned a unanimous verdict of no wrongdoing on the part of Impulse Media, better known within adult industry circles as SoulCash, in the company’s CAN-SPAM trial.

After deliberating for approximately three hours, the jury returned its verdict in favor of the defense —a ruling that came to the immense satisfaction attorney Rob Apgood, who represented Impulse in the case.

“I’m on cloud nine,” Apgood told XBIZ, adding that Impulse and its owner Seth Schermerhorn are to be commended for having the “fortitude to see this thing all the way through.”

“I’ve been saying all along that [the government] was wrong, and I’m glad that somebody stood up and said, ‘No — I’m not going to take this,’” Apgood said.

Apgood said that he was confident that the jury would rule in favor of the defense, but “you’re always a little nervous when it goes to the jury.”

In order to prevail in its case, Apgood explained, the government had to show that there was specific intent on the part of the defendants to induce affiliates to promote their sites via email in violation of the CAN-SPAM Act — a burden of proof that proved a bridge too far for the government, Apgood said.

“There simply was no evidence presented that supported that contention,” Apgood said.

At one time, Apgood served as counsel for Cyberheat in its CAN-SPAM case, an action which the company recently negotiated a settlement of with the FTC. Apgood was no longer representing Cyberheat at the time that case was settled.

Related:  

Copyright © 2024 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

Nebraska Legislature Passes Republican's Age Verification Bill With No Votes Against It

Nebraska’s unicameral legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still have antitrust claims that they may pursue in the future.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have filed a petition before the United States Court of Appeals for the 5th Circuit asking to stay its recent upholding the law because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) issued a statement vowing to continue fighting Florida’s age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

SK Intertainment Launches 'Skinfluential Management' Agency, FansFuel Joint Venture

Mr. Skin/Mr. Man parent company SK Intertainment has launched new creator agency Skinfluential Management, as well as a new joint venture with Showbizz Media's creator stats and affiliate marketing platform, FansFuel.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

APClips Names Avery Jane 'Creator of the Month'

APClips has named Avery Jane its Creator of the Month for March.

JustFor.fans Offers Gumroad Users Platform to Sell NSFW Artwork

JustFor.fans (JFF) is offering Gumroad users a platform to sell NSFW artwork after the latter banned adult content.

Live Cam Academy Offers Free Access to Educational Resources

Live Cam Academy is offering its educational resources for free to content creators and cam models.

Show More