In Pulte Homes International Union of North America, 648 F.3d 295 (6th Cir. 2011), the Sixth Circuit addressed the Computer Fraud and Abuse Act (CFAA) in a case where a national labor union launched a barrage of harassing telephone calls and e-mails against a Michigan home builder that fired a union member. The plaintiff home sued the union under the …
Tag Archives: CFAA
Does the Computer Fraud Act Apply to ‘Dumbphones’?
While this Court does not disagree that unwanted text messages, like spam e-mail, are an annoyance, whether receipts of such messages can establish a civil action under the CFAA is, of course, a different question. Czech v. Wall Street on Demand, Inc. 674 F.Supp. 1102, 1106 (N.D.Minn. 2009). Anti-spam (e-mail and text) lawsuits and legislation are legion: a flurry …
Continue reading “Does the Computer Fraud Act Apply to ‘Dumbphones’?”
How to Enforce Settlement Agreements In Federal Court
I once represented a plaintiff in a Federal question case (based on the Computer Fraud and Abuse Act) that settled with the defendant making installment payments over time. In the settlement agreement, I took great pains to emphasize that if the defendant missed a payment, I could immediately move to reinstate the case and accelerate the settlement amount plus fees …
Continue reading “How to Enforce Settlement Agreements In Federal Court”