In Ferron v. Echostar Satellite, LLC, et al, U.S.D.C. Southern District of Ohio, Eastern Division, Case No. 2:06CV453, Frost Brown Todd obtained summary judgment in favor of advertising client (Hydra LLC) based upon the court’s findings that: (1) Hydra was exempt from Plaintiff’s claims under the Ohio Consumer’s Sales Practices Act; and (2) the Plaintiff’s claims under the Ohio Electronic Mail Advertising Act (EMAA) were preempted by the Federal CAN-SPAM Act. This is the first decision in Ohio finding the EMAA to be preempted by the federal CAN-SPAM Act. Kevin Shook represented Hydra LLC.
Ferron v. Echostar Satellite, LLC, et al