Mark Ferguson sued Palo Alto businesses Friendfinders and Conru Interactive for allegedly clogging his e-mail inbox with unsolicited advertisements which he found "deceptive and misleading". The companies allegedly failed to comply with his repeated requests to be removed from their mailing lists.
In a unanimous opinion the court wrote that the California Business and Professions Code "does not violate the commerce clause [of the Constitution] if it serves a legitimate public interest and if the burden it imposes on interstate commerce is not excessive when viewed in light of its local benefits." Further, it "does not directly regulate commerce occurring wholly outside the state. It expressly applies only when [unsolicited commercial e-mail] is sent to a California resident by means of an electronic-mail service provider who has equipment in the state."
Under California's law, unsolicited commercial e-mail must include the letters "ADV" in the subject line, to signify it contains an advertisement. If the e-mail is pornographic, then it must contain the letters "ADV:ADLT".
The state statute defines "unsolicited e-mail documents" as "any e-mailed document or documents consisting of advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit."