SAN FRANCISCO (Legal Newsline) – Five consumers are seeking thousands over spam emails they allege they did not consent to receive.
Marta Greenburg, et al. filed a complaint on Dec. 11 in the San Francisco County Superior Court against Digital Media Solutions LLC, BILCO Media Inc., Allan Hughes and Does 1-100 citing California restrictions on unsolicited commercial email.
According to the complaint, Digital Media Solutions does business as Platinum Auto Warranty. The plaintiffs allege Digital Media Solutions and its third-party advertising networks and affiliates sent at least 282 unlawful and unsolicited commercial emails regarding auto warranty products to the plaintiffs. The plaintiffs allege they did not give their consent to receive the emails and did not have a prior business relationship with the defendant.
The plaintiffs hold Digital Media Solutions LLC, BILCO Media Inc., Hughes and Does 1-100 responsible because the defendants allegedly failed to implement effective systems to prevent sending unlawful spam emails in violation of California law.
The plaintiffs seek judgment against the defendants, liquidated damages in the amount of $282,000 from Digital Media Solutions, attorneys' fees, costs of suit and further relief as the court deems proper. They are represented by Daniel L. Balsam of The Law Offices of Daniel Balsam in Alameda, California and Jacob Harker of Law Offices of Jacob Harker in San Francisco, California.
San Francisco County Superior Court case number 18-272010