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 © 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

FSC: Age Verification Law Takes Effect June 12

The Free Speech Coalition has issued a reminder notice that West Virginia's age verification law takes effect on June 12, 2026.

Pineapple Support Taps Brad Mitchell, Jean-Micheal Veen for Senior Leadership Positions

Pineapple Support has named Brad Mitchell as its new board president and Jean-Micheal Veen as technology and development chair.

WOW Tech, XR Brands Reach Settlement in Patent Infringement Dispute

XR Brands and Lovehoney Group subsidiary WOW Tech Group have settled a patent dispute over WOW's Pleasure Air Technology.

Polish Government Proposes AV Mandate for Adult Sites

Poland’s Council of Ministers on Tuesday endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online.

Brazil Launches Complaints Page for AV Violations

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

FSC Launches 'Speak Out' Media Campaign for Creators

The Free Speech Coalition (FSC) has announced the launch of FSC Speak Out, a media campaign for content creators to tell their stories.

Pineapple Support, Stripchat to Host LGBTQ Support Group

Pineapple Support and Stripchat are hosting a free online support group for LGBTQ+ individuals within the adult industry, titled "LGBTQ and Proud."

Pornhub Awards Fiesta: A Night of Music, Dancing and Camaraderie

The eighth annual Pornhub Awards transformed Los Candiles Night Club in Glassell Park into a celebration of glamour, glitter, fashion and fame Wednesday night, as performers, creators and industry insiders toasted the year’s winners and danced late into the night while Diplo and Midnight Mary kept the party pulsing from behind the decks.

Ukrainian Parliament Rejects Porn Decriminalization Bill

The Verkhovna Rada, Ukraine’s parliament, on Thursday voted against passage of a bill that would have decriminalized the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

FSC Launches Pride Fundraising Drive

The Free Speech Coalition (FSC) has launched its Pride Fundraising Drive to support its efforts on behalf of the LGBTQ+ community.

Show More