Alleged Email Spammer Moves to Dismiss Calif. Suit for Lack of Jurisdiction

U.S. District Judge Joseph Spero for Northern California in San Francisco should dismiss plaintiff Joel Fink’s fraud complaint against One Technologies because the consumer credit information company isn’t subject to personal jurisdiction in California, said its motion Wednesday (docket 3:23-cv-05086). Fink alleges the company sent him at least 73 unsolicited and unlawful spam emails in violation of Section 17529.5 of the California Business and Professional Code (see 2310050001). One Technologies also isn’t subject to general jurisdiction in California because it’s headquartered in Texas and has no physical offices in California, said its motion to dismiss. It’s not subject to specific jurisdiction in California either, it said. One Technologies also denies it sent Fink the spam emails, said the motion. Third-party independent contractors known as “publishers” did so, “and they exercised exclusive control over to whom and where emails were sent,” it said. In fact, One Technologies didn’t know about the emails at issue until after Fink complained to the company about them, it said. Dismissing Fink’s claims for lack of personal jurisdiction “would be consistent with the decisions of other federal district courts that have dismissed similar actions against One Technologies,” it said.