4th Circuit: Federal Spam Law Pre-empts State Law

A November 27 National Law Journal article (subcription) entitled "Ruling Trims Reach of State Anti-'Spam' Laws" reports on a recently published 4th Circuit decision, Omega World Travel v. Mummagraphics, which ruled that the federal CAN-SPAM law pre-empts state spam laws. The case is the first federal appellate ruling to limit the reach of state spam laws. In this case, the Court ruled that the federal act partially limits Oklahoma's spam law allowing damages.