Communications Litigation Today was a Warren News publication.

Lawsuit Accuses Credit Information Company of Being Professional Email ‘Spammer’

One Technologies removed to U.S. District Court for Northern California in San Francisco Wednesday a complaint filed Sept. 1 in Marin County Superior Court in which plaintiff Joel Fink alleges the consumer credit company sent him at least 73 unsolicited and unlawful spam emails in violation of Section 17529.5 of the California Business and Professional Code. The company intends to contest that California courts have personal jurisdiction over it, “including through a motion to dismiss for lack of personal jurisdiction,” said the notice of removal (docket 3:23-cv-05086). One Technologies bills itself as the purveyor of the ScoreSense credit information subscription service, but Fink’s complaint calls the company a “professional spammer.” Each spam email Fink received from the company was “materially false and deceptive,” said the complaint. “They either contained misrepresented or falsified information in the email headers,” or contained information in the subject lines “that were misleading relative to the content of the emails,” it said. The emails didn’t contain information or notifications about Fink’s credit scores, as advertised, but instead enticed him to click on a link that redirected him to buy the company’s products and services, it said. The California resident alleges One Technologies “intended to deceive recipients via spam emails through the use of false or misrepresented information in the subject lines,” said his complaint. The company “went to great lengths to draft its subject lines with the objective of deceiving recipients,” it said.