A California ISP filed suit Friday in the first action under the recently enacted federal Can Spam Act, naming BobVila.com as the defendant.

San Francisco attorney John Fallat filed a lawsuit in U.S. District Court for the Northern District of California on behalf of Foster City-based Internet Service Provider Hypertouch. It alleges Sacramento-based BlueStream Media and Boston-based BVWebTies, owner of BobVila.com, violated the federal Can Spam Act by sending Hypertouch and its customers Bob Vila's "Home Again Newsletter."

The suit alleges the defendants sent spam e-mail advertisements with fraudulent headers and no legally required physical address. According to the plaintiffs, they also sent e-mail to randomly generated and harvested addresses, even to addresses that had been submitted to the "opt-out" links of other spam.
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