One Technologies Moves to Dismiss Spam Email Case for Lack of Jurisdiction

The complaint in which plaintiff Nathan Brinton alleges that One Technologies caused the delivery of at least 175 spam emails to his inbox since August, in violation of Washington consumer protection laws, should be dismissed, said the credit information company’s motion Tuesday (docket 3:23-cv-06046) in U.S. District Court for Western Washington in Tacoma. Its grounds for dismissal are for lack of personal jurisdiction under Rule 12(b)(2), or alternatively, for failure to state a claim under Rule 12(b)(6), said the motion. One Technologies telegraphed its intention of seeking dismissal of Brinton’s complaint in its Nov, 15 notice of its removal of the action from Clark County Superior Court (see 2311160002). One Technologies isn’t subject to general personal jurisdiction in Washington because it’s headquartered in Texas, has no physical offices in Washington and isn’t otherwise “at home” in Washington, said its memorandum of points and authorities in support of the motion to dismiss. It’s not subject to specific personal jurisdiction in Washington either, said the memorandum. Brinton’s claims “arise solely from his alleged receipt of unsolicited marketing emails that he claims violate anti-spam statutes” in Washington, California and Florida, it said. But Brinton doesn't allege that One Technologies sent him the emails. He rather alleges that third-party independent contractors, known as “publishers,” sent them, and that the publishers “exercised exclusive control over to whom and where emails were sent,” it said: One Technologies didn't know about the emails at issue until after Brinton "complained to One Technologies about them.” Alternatively, the court should dismiss counts 2 and 3 of the complaint because Brinton “failed to state a claim for relief under California and Florida law,” it said. To recover under California or Florida statutes, a plaintiff needs to allege that he received unsolicited commercial emails in California and Florida, or that the emails themselves were sent from California and Florida, but Brinton alleges neither, it said.