Expect more of the same

Epic Advertising, formerly AzoogleAds, has won a suit charging it for CAN-SPAM violation.

The suit was filed by ASIS, an internet service provider. ASIS alleged AzoogleAds violated federal and state anti-spam regulations by sending over 10,000 unsolicited emails to potential clients.

A San Francisco-based federal district court ruled AzoogleAds — now Epic — was not responsible for spamming users because it neither "procured" the emails, nor was it aware that its affiliate would use a third party to spam others.

The ruling defies new CAN-SPAM rules, which state marketers will not be given safe harbor if their affiliates violate CAN-SPAM regulations.

ASIS intends to appeal the decision, reports MediaPost.

Late last year, AzoogleAds was sued for deceptive online lead-generation practices. It settled with the Florida Attorney General for $1 million.